How to Get Your License Back After a DUI in Florida

In Florida, a person commits a DUI violation (Driving Under the Influence) by operating or being in physical control of a vehicle while under the influence of alcoholic beverages, chemical substances, or any substance that impairs the person's normal faculties. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and the courts impose penalties for DUI violations within the state. Under Florida Statutes § 316.193, DUI is punishable by license suspension, fines, and potential jail time.

Step 1: Know the Terms of Your Suspension

Drivers in Florida face two types of suspensions for DUI violations. These are:

• Administrative suspension by the Florida Department of Highway Safety and Motor Vehicles
• Court-imposed suspension for criminal DUI conviction.

Upon an arrest for a DUI violation, the FLHSMV will impose an immediate statutory administrative license suspension on any driver who fails a DUI test or refuses to take one (according to the Florida Implied Consent Law). The arresting officers will confiscate the driver's license and issue a 10-day temporary permit. Within this permit period, the offender must request an administrative hearing. Otherwise, a 180-day to 18-month license suspension will set in at the expiration of the temporary permit (depending on the number of previous offenses).

Beyond administrative suspension, the court will impose the following suspensions:

• First DUI offense - 180 days to 1 year
• First DUI with serious injuries - 3 years minimum suspension
• 2nd DUI within 5 years - minimum of 5 years revocation, but the offender may be eligible for a hardship license after 1 year
• 3rd DUI within 10 years - minimum of 10 years revocation, the offender may apply for a hardship license after 2 years
• 4th and subsequent offenses - permanent revocation with the possibility of a hardship license after 5 years.

Step 2: Fulfill Court and DMV Requirements

In Florida, administrative and court-ordered suspensions are separate but concurrent sentences. An FLHSMV suspension is a statutory administrative suspension for failing a DUI test or refusing to take one. This suspension is consistent with the Florida Implied Consent Law.

In contrast, a court-ordered suspension results from a criminal DUI conviction, and the length of the suspension depends on the number of previous violations and the severity of the offenses. In addition to license suspension, the penalties for DUI violations in Florida may include fines, community service, mandatory DUI education programs, and jail time.

Step 3: Complete a DUI Education or Treatment Program

DUI offenders in Florida must complete mandatory state-approved DUI programs as a requirement for license reinstatement or as part of sentencing for a conviction. Florida DUI programs consist of Level I (Standard DUI Education) and Level II (Substance Education/Treatment).

Florida's Level I DUI Program is mandatory for first DUI violations. This in-person education comprises six 2-hour sessions (12 hours in total). Enrollment is through an FHSMV-approved provider. A Level I DUI education program costs between $250.00 and $350.00.

Level II DUI programs are substance abuse and treatment initiatives comprising 21 hours of face-to-face in-person or group education and treatment. The costs for Level II programs in Florida range between $400.00 and $500.00, and enrollment is by court or DHSMV referral through state-certified providers.

In addition to standard Level I and Level II programs, there is the Special Supervision Services for repeat offenders seeking hardship licenses after lengthy revocations, and Outpatient Counseling/Treatment if the DUI evaluates further treatments due to substance abuse issues.

DUI programs are mandatory requirements for license reinstatement in Florida. Failure to submit certificates of completion for DUI programs may result in extended suspension or fines.

Step 4: Get SR-22 Insurance or Equivalent

Florida requires drivers to maintain FR-44 coverage for license reinstatement after a DUI conviction. Insurance companies file the documents as proof of high-risk auto coverage for DUI offenses. During a legal stop for DUI, the Florida Department of Highway Safety and Motor Vehicles will verify if the offender carries the State-mandated high liability coverage (including $100,000 for bodily injury per person, $300,000 for bodily injury per accident, and $50,000 for property damage).

FR-44 is double or triple the average cost of standard auto insurance, and a DUI violator must maintain coverage without lapses for 3 years from the date of license reinstatement. Failure to comply will result in the FLHSMV suspending the license again. Drivers seeking FR-44 coverage should contact high-risk insurers; they will file the documents electronically with the FLHSMV.

Step 5: Pay Reinstatement Fees

The cost of license reinstatement after a DUI suspension in Florida depends on the type of suspension or revocation. The following fees apply to license reinstatement after DUI suspension in Florida:

• General reinstatement fee for DUI - $75.00
• DUI-related reinstatement fees:
  • An administrative fee for drug or alcohol-related suspension: $130.00
  • DUI reinstatement fees:
    • First reinstatement for financial responsibility suspension: $150.00
    • Second reinstatement within 3 years: $250.00
    • Subsequent reinstatements within 3 years: $500.00
  • Failure to maintain liability insurance: $15.00.

Applicants can make credit or or debit card payments through the FLHSMV MyDMV Portal. Additionally, cash (for in-person payments), checks, and money orders are also acceptable forms of Payment.

Step 6: Submit Your License Reinstatement Application

Drivers seeking reinstatement of their licenses after DUI suspensions in Florida can make payments and upload applicable documents through the FLHSMV MyDMV Portal. In-person submission is available through the Florida Driver License Service Center or Tax Collector locations offering license services. If the application includes payments for court fines, child support, or long-term suspensions, mail the D-6 clearance form (from the court) with a $60 reinstatement check to:

DL-BDI
P.O. Box 5775,
Tallahassee,
FL 32314-5775.

Alternatively, mail the application to the address on the FLHSMV notice. For information about license reinstatement, contact the Florida Highway Patrol.

What If You Are Denied License Reinstatement in Florida?

In Florida, the Department of Highway Safety and Motor Vehicles may deny a license reinstatement for the following reasons:

• Outstanding fines and fees
• Failure to complete DUI programs
• Missing documents necessary for reinstatement
• Active suspensions, such as child support or out-of-state violations.

If the FLHSMV denies an application for license reinstatement after a DUI suspension, the applicant should:

• Visit the MyDMV Portal and review the reasons for the denial
• Submit any missing documents or complete any pending programs or obligations (if applicable)
• Request an administrative hearing to challenge the denial
• Observe the waiting period (if applicable) and reapply for reinstatement.

Hardship Licenses: Driving with Limited Privileges

Hardship or restricted licenses allow individuals to drive while serving a suspension for DUI offenses. In Florida, DUI offenders can obtain restricted licenses to commute to work, doctor's visits, court-ordered appointments, and schools if they fulfill the requirements. To be eligible for a restricted license, an applicant must:

• Not be under permanent license revocation
• Enroll in or complete DUI School or Advanced Driver Improvement (ADI) (depending on offense)
• Not having multiple DUI or HTO violations within a short timeline.

To enroll for a restricted license in Florida:

• Enroll in a DUI school and provide proof before applying
• Schedule a hearing with the local Bureau of Administrative Reviews (BAR) office or call (850) 617-2401
• Attend the hearing with DUI school proof, valid government-issued photo identification, all applicable documents, and $12.00 application fee.
• If the application is successful, pay the license reinstatement and issuance fee.

DUI offenders cannot use restricted licenses to drive for recreation, and there are random compliance and monitoring checks. Failure to comply with these conditions may result in suspension and additional penalties.

How Long Does It Take to Get Your License Back After a DUI?

The time it takes to get a license back after a DUI suspension in Florida depends on the offense records and compliance with requirements, such as DUI school, fines, and FR-44 coverage. The table below summarizes the timeline for various DUI offenses in Florida and their eligibility requirements.