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Attorney Robert Foley Is A Retired FBI Special Agent & Former State Prosecutor. Attorney Desiree Wilson Is A Former Federal Prosecutor & Appellate Attorney.

Am I still allowed to drive after a DUI conviction?

On Behalf of | Jan 27, 2023 | DUI

Depending on several circumstances, license revocation is often inevitable after a DUI conviction. However, applying for a restricted license is available if the driver meets a particular set of requirements.

Period of license revocation

The license revocation period depends on whether the conviction is the driver’s first, second, third or fourth/succeeding conviction. Florida’s laws on Motor Vehicles provide the following license revocation penalties:

  • For a first DUI conviction, license revocation is at least 180 days but not more than one year.
  • For a second DUI conviction, license revocation is for at least five years.
  • For a third DUI conviction, license revocation is for at least ten years.
  • For a fourth and succeeding DUI conviction, license revocation is permanent.

How can I apply for a hardship/restricted license?

The driver may apply for a restricted license if they actively participate in treatment and complete a DUI education course and evaluation under a DUI program licensed by the Department of Highway Safety and Motor Vehicles. However, if the offender fails to complete said requirements, the DUI program will notify the court and the department, which may affect the approval of the restricted license.

When is the driver eligible to apply for a restricted license? It depends on the number of times they have been convicted.

  • For a first DUI conviction, the driver may apply for a hardship license before the expiration of the revocation period, which may be 180 days to 1 year.
  • For a second DUI conviction, the driver may apply for a restricted license after one year after the conviction.
  • For a third DUI conviction, the driver may petition for a restricted license after two years.

As long as the driver meets the requirements set by the court and the department and applies for a restricted license within the period allowed, they can continue driving legally despite being convicted of a DUI.