Business Purposes Only / Employment Purposes Only Reinstatements

Our Plantation and Palm Beach Gardens criminal defense lawyers know that having your license suspended or revoked can be inconvenient, humiliating and frustrating. That said, we know that Florida law does outline some exceptions to an otherwise rigid set of regulations and limitations governing the suspension and revocation of driver licenses. Whether your license has been suspended or revoked because you accrued too many traffic violation points, failed to pay traffic fine(s) or were arrested for driving under the influence (DUI), the Florida State Statutes provides an avenue by which you can petition the court for reinstatement of your driving privileges for business (we will discuss what this includes below) or employment purposes.

Florida State Statute 322.271, within Chapter 322, governing Driver Licenses, gives people who have had their license suspended or revoked in Florida the right to, upon meeting requisite standards, ask the applicable state government department for the right to have their driver license reinstated for business or employment purposes only. Our Plantation and Palm Beach Gardens criminal defense lawyers know that, according to subsection (1)(b) of 322.271, if you’ve had your driver license revoked under 322.27(5), for driving at an unlawful speed, after 12 months since the time of the revocation, you can petition the Department of Highway Safety and Motor Vehicles (the “DHSMV”) for reinstatement of your driving privilege. Given the petition, and after investigation of the persons qualification, fitness and need to drive, the DHSMV will hold a heading to determine whether the driving privilege shall be reinstated on a restricted basis solely for business or employment purposes.

For purposes of 322.271(1)(b), a driving privilege restricted to business purposes only means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes, whereas a driving privilege restricted to employment purposes only means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Now, for eligible individuals who have had their license suspended, cancelled or revoked for any other reasons other than for being a habitual traffic offender under 322.27(5) as outlined above, the DHSMV shall notify the driver, at his or her request, of their right to a hearing pursuant to chapter 120. At this hearing, as our Plantation and Palm Beach Gardens criminal defense lawyers know, the person whose license has been suspended, canceled, or revoked may show that such suspension, cancellation, or revocation causes a serious hardship and precludes the person from carrying out his or her normal business occupation, trade, or employment and that the use of the person’s license in the normal course of his or her business is necessary to the proper support of the person or his or her family. For the purposes of determining the person’s fitness and responsibility to have their license reinstated for a business or employment purpose only, letters from business people in the community, law enforcement officers and judicial officers may be requested.

The DHSMV has different requirements for what an individual must present and demonstrate in order to have their license reinstated based on the reason for which their license was revoked in the first place. For instance, as our Plantation and Palm Beach Gardens criminal defense lawyers know, the privilege of driving on a limited or restricted basis for business or employment use may not be granted to someone who has been convicted of a DUI violation until the completion of the DUI program substance abuse education course and evaluation discussed in s. 316.193(5). Further, except as outlined in s. 322.271(2)(c), the driving privilege discussed herein may not be given to someone whose license has been revoked pursuant to s. 322.28 or suspended pursuant to 322.2615 or who has been convicted of a DUI violation two or more times or whose license has been suspended two or more times for refusal to submit to a test.

Below, our Plantation and Palm Beach Gardens criminal defense lawyers have listed some of the license suspension requirements concerning DUIs that one must consider when contemplating petitioning the DHSMV for a reinstatement as discussed above. To be sure, though, the best way to determine whether or not you are eligible to have your license reinstated is to call one of our Plantation and Palm Beach Gardens criminal defense lawyers at the Law Offices of Leifert & Leifert at 1-888-5-DEFEND (1-888-533-3363) to schedule a free consultation at no cost or obligation. We look forward to assisting you. 

·      First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15 or higher, or for two years if BAL is greater than .15

·      Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year

·      Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15

·      Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years

·      DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:

  • Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
  • Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
  • Has been alcohol and drug-free for at least 5 years prior to the hearing; and
  • Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license); and
  • Ignition interlock device required for two years

·      Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course

>> Back to DUI Statutes

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