DUI
Hardship License After a DUI in Florida: Can I Get One?
An arrest is not a conviction. Some people can drive again for work. Here is the honest map.
If you need your car to work and support your family, this page is for you. We show who can get a hardship license, how fast, and what can block it. We make no promises. Every case depends on your record and your facts.
You have 10 days from the date your notice was issued to act on your license. Our 10-day page has a countdown tool. We say it here once, and then we move on.
The short answer
A hardship license is a restricted license. It lets you drive for business or employment purposes only.
- A first-time driver who gives up the license hearing may be able to get one without the usual waiting period. This includes a first refusal.
- Otherwise, if you fight the suspension and lose, there is a wait. It is 30 days for an alcohol-level suspension and 90 days for a refusal suspension.
- You will need to enroll in DUI school.
Source: § 322.271(1)(c), (2)(a), (7); § 322.2615(10), Fla. Stat. (2026).
What can I drive for?
Florida has two types of restricted license.
| Type | What you can drive for |
|---|---|
| Business purposes | Driving to keep your livelihood. That includes work, on-the-job driving, school, church, and medical. |
| Employment purposes | Only to and from work, and required on-the-job driving. |
Driving for any other reason is not allowed.
Source: § 322.271(1)(c)1.-2., Fla. Stat. (2026).
Can I get a hardship license right away?
Possibly, if this is your first time. The law allows a restricted (business purposes) license without the 30- or 90-day wait only if all three of these are true:
- You have never had a suspension under the DUI administrative suspension law.
- You have never been disqualified under the CDL DUI law.
- You have never been convicted of DUI.
Does this work after a first refusal? Yes, on the statute's text. The first-timer rule begins "Notwithstanding the provisions of s. 322.2615(10)(a) and (b)." Paragraph (10)(a) is the 90-day refusal wait, and (10)(b) is the 30-day alcohol-level wait. DHSMV's own form describes the restricted license lasting one year for a refusal.
The trade-off. Taking this license waives your right to a formal and informal review. You give up the chance to fight the suspension at DHSMV. The statute says: "Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615." Treat it as a choice you make instead of a review, inside your 10 days.
The waiver cannot be used as evidence in any other proceeding. The restricted license lasts for the full length of the suspension. An out-of-state DUI conviction counts as a prior conviction.
The form. HSMV 72034, Request for Eligibility Review (Rev. 4/2026). DHSMV's Miami-Dade page calls this "Waiver of Formal Review - 1st DUI only." The form asks for a $25.00 filing fee, a copy of the DUI citation, and proof of enrollment in DUI school. The form says the restricted license is cancelled if the school is not completed within 90 days of enrollment. flhsmv.gov/pdf/forms/72034.pdf
The form also asks you to confirm that you understand a later DUI conviction in criminal court would make this restricted license no longer valid.
Source: § 322.271(7)(a)-(c); § 322.2615(1)(b)3., (10)(a)-(b); § 322.28(2)(a), Fla. Stat. (2026); HSMV 72034 (Rev. 4/2026).
If I fight the suspension and lose, how long until I can get a hardship license?
| Why you were suspended | Wait with no license |
|---|---|
| Alcohol level .08 or higher | 30 days |
| Refusal | 90 days |
The clock starts when your last temporary permit expires. DUI school enrollment (with an evaluation, and treatment if you are referred) is required.
The form. HSMV 78306, Application for Administrative Hearing (Rev. 4/2026). The filing fee on the form is $12.00. DHSMV's Miami-Dade page labels this form "Hardship License." The form's own title today is "Application for Administrative Hearing." flhsmv.gov/pdf/forms/78306.pdf
Source: § 322.2615(10)(a)-(b); § 322.271(2)(a), Fla. Stat. (2026); HSMV 78306 (Rev. 4/2026).
What can block a hardship license?
This is a reading guide, not a verdict on your case. Find your row. If you are not sure, call us.
| What blocks it | What it means | Where to read more |
|---|---|---|
| Two or more DUI convictions, or two or more license suspensions for refusal | No hardship license on a DUI administrative suspension or a DUI revocation. | § 322.271(2)(a) |
| Any prior DUI suspension, CDL DUI disqualification, or DUI conviction | You lose the first-timer route. You must wait 30 or 90 days. | § 322.271(7); § 322.2615(10) |
| No DUI school enrollment | No hardship license. Not completing the course within 90 days after reinstatement gets the license cancelled. | § 322.271(2)(a) |
| Death or serious bodily injury, multiple DUI convictions under § 322.27(5), or a second suspension under the same provision | DHSMV cannot waive the hearing. You must attend one. | § 322.271(2)(b) |
| Commercial vehicles | A hardship license never lets you drive a commercial motor vehicle. See DUI and your CDL. | § 322.64(10); § 322.271(6) |
| After a DUI conviction | No business or employment license until the DUI school course and evaluations are done. | § 322.271(2)(a) |
| Habitual traffic offender revocation | Excluded from this hearing route. A separate 12-month petition process applies. | § 322.271(1)(a)-(b) |
| Not "otherwise eligible" | If you have another suspension that must be cleared first, no hardship license is issued until it is. | § 322.2615(10) |
| Ignition interlock | DHSMV may require an interlock as a condition of reinstatement. | § 322.271(2)(e) |
Source: statutes listed in the table, Fla. Stat. (2026). For habitual traffic offenders, see our traffic crimes page.
Should I waive the hearing or fight it?
We don't tell you which is better. It depends on your record, your job, whether you hold a CDL, and the evidence. Here are the two paths side by side.
| Waive the hearing (first-timers only) | Fight it (formal review) |
|---|---|
| Gets you driving for business purposes without the 30- or 90-day wait. | Keeps the challenge alive. |
| Ends your DHSMV challenge. | Lets your lawyer question the officer under oath before the criminal case moves forward. |
| Means a wait (30 or 90 days) for a hardship license if you lose. |
If you hold a CDL, the choice can look different. See DUI and your CDL.
Talk to a lawyer before day 10.
Source: § 322.271(7), (7)(c); § 322.2615(6), (10), Fla. Stat. (2026).
What about after a DUI conviction?
This is a different process from the first 10 days. After a conviction, the court revokes your license. Some people can later petition DHSMV for a hardship license.
- A second conviction within 5 years of a prior one brings a revocation of at least 5 years.
- If your revocation is for 5 years or less, you may petition after 12 months.
- If your revocation is for more than 5 years, you may petition after 24 months.
- Both require that you have not driven and have been drug free for at least 12 months before reinstatement, plus DUI program supervision.
- This petition route does not apply to a permanent revocation.
Source: § 322.271(2)(c); § 322.28(2)(a)2., Fla. Stat. (2026). These are statutory timelines, not predictions.
Does asking for a hearing keep me driving?
Usually not past the 10-day permit. Asking for a hearing does not pause the suspension. Read the details on our 10-day rule page.
Source: § 322.2615(9), Fla. Stat. (2026).
Forms and links (official sites)
- HSMV 72034, Request for Eligibility Review (Rev. 4/2026): flhsmv.gov/pdf/forms/72034.pdf
- HSMV 78306, Application for Administrative Hearing (Rev. 4/2026): flhsmv.gov/pdf/forms/78306.pdf
- HSMV 78065, review of suspension (Rev. 02/2018): flhsmv.gov/pdf/forms/78065.pdf
- Licensed DUI programs (DUI school): flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/licensed-dui-programs-florida
- DUI program service fees: flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/dui-program-service-fees
- Ignition Interlock Program: flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ignition-interlock-program
- Check your license status: services.flhsmv.gov/DLCheck
- Miami Bureau of Administrative Reviews: 401 NW 2nd Ave, Ste N612, Miami, FL 33128. Phone 305-265-3001. Email MiamiBAR@flhsmv.gov. As of October 26, 2026, DHSMV's page says the office is temporarily closed to the public and takes requests by email.
Fees are on the forms. Check the form face for the current fee.
Questions people ask
Can I get a hardship license after a DUI arrest?
Some people can, depending on their record. A first-time driver may get one without the usual wait by giving up the hearing, including after a first refusal. Otherwise there is a wait of 30 days (alcohol level) or 90 days (refusal) after a lost hearing. DUI school is required.
Source: § 322.271(2)(a), (7); § 322.2615(10), Fla. Stat. (2026).
What can stop me from getting one?
Two or more DUI convictions or refusal suspensions, no DUI school enrollment, a death or serious injury case, a habitual traffic offender revocation, or another suspension that must be cleared first. Use the table above.
Source: § 322.271(1), (2); § 322.2615(10), Fla. Stat. (2026).
How long does it take?
It depends on the path. The first-timer route has no 30- or 90-day wait. After a lost hearing, the wait is 30 days or 90 days, counted from when your last temporary permit ends.
Source: § 322.271(7); § 322.2615(10), Fla. Stat. (2026).
Does a hardship license let me drive a commercial vehicle?
No. A hardship license never lets you drive a commercial motor vehicle. The statute says: "However, such business or employment purposes license shall not authorize the driver to operate a commercial motor vehicle."
Source: § 322.64(10); § 322.271(6), Fla. Stat. (2026).
Call or WhatsApp: (305) 209-0384
Tell us your job and your schedule. We will tell you which route may fit. English or Spanish. 24 hours. Dennis Gonzalez Law, P.A. Our lead attorney is a former Miami-Dade prosecutor.
This page is general information, not legal advice for your case.
Law as of October 26, 2026. Last reviewed: October 26, 2026. Reviewed by the attorneys of Dennis Gonzalez Law, P.A.
The law behind this page
Fla. Stat. (2026): § 322.271(1), (2), (6), (7); § 322.2615(1), (9), (10); § 322.28(2); § 322.64(10). Ignition interlock is stated neutrally as a possible reinstatement condition.