DUI Attorney in Fort Myers/Naples
DHSMV Hardship Driver’s License Hearing Requirements.
Effective July 1st of this year, a new policy went into effect for people to get their hardship license.
“Old” System (old in quotations because it is still around/applies):
- Arrested for DUI and given DUI citation
- Person has 10 days to get to DMV (phone, mail, or in person) and elect a formal or informal review hearing (This is a hearing where people can challenge the DMV Driver’s License (DL) suspension based on the same type of facts or situations defense attorneys would use at a motion to suppress hearing).
- If successful at hearing (which happens almost never) DMV suspension does not happen. If unsuccessful, suspension then kicks in. (The hardship time will also then start).
- Even if guaranteed to lose the hearing, the benefit to electing a hearing allows the person to continue to drive as if their citation is their Driver’s License until the hearing takes place.
- If later convicted of DUI, the Court’s suspension of the Defendant’s driver’s license kicks in…REGARDLESS if the person still has no DL or has a hardship DL. (Yes, if you went through the trouble of getting a hardship DL BEFORE resolving your criminal case, the Court’s suspension will even suspend the hardship license, and you would have to go through the whole process again).
New System, effective July 1, 2013:
- Arrested for DUI and given DUI citation
- IF the person has NO prior DUI’s AND no prior traffic history involving alcohol (i.e. reckless driving with alcohol) they can meet with DMV at a hardship review.
- This hardship review must be within 10 days of getting the DUI citation!
- The person must have enrolled in the Level 1 DUI school BEFORE the hearing takes place (i.e. must enroll in Level 1 DUI school within 10 days as well).
- At this hearing, the person will then WAIVE their right to a formal or informal review hearing where they would challenge the DMV suspension.
- If all of this occurs and the person qualifies, the DMV will then automatically say they become eligible for a hardship DL. So not just able to drive for the 10 days on the citation, but actually get a hardship DL at that time. (Thus, this also eliminates any “hard time” requirement that the DMV has as well).
- After the hearing granting them a citation, they still must get to the Tax Collector’s Office BY 5PM on the 10th day following their DMV hearing. (If they miss getting all this done and to the Tax Collector within 10 days, this process is waived and it resorts back to the “old’ system listed above.)
- If later convicted of a DUI, then the Court suspension will obviously then kick in and will have to get hardship DL again.
Call us now for a free consultation regarding your DUI case.
*Disclaimer: This summary was prepared by the Law Office of Guichard St. Surin, P.A. and should be used as a reference only. Interested parties should contact an attorney before drawing legal conclusions.
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