Law Offices of Robin C. Lemonidis. - Florida DUI / DWI Law - Hardship License

Practice Areas > DUI / DWI > Hardship License

In Florida, a person designated as a Habitual Traffic Offender (HTO) loses their license to drive for a period of five years. You may be given that designation by the Department of Highway Safety Motor Vehicles (DHSMV) by having three convictions for any of the following offenses within a five year period:

• Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle
• Any violation of 316.193 (driving under the influence or DUI)
  
• Any felony in the commission of which a motor vehicle is used
  
• Driving a motor vehicle while your license is suspended (DWLS)
  
• Failing to stop and render aid, as required under the laws of Florida, in the event of a motor vehicle crash resulting in death or personal injury of another
• Driving a commercial motor vehicle while your license is suspended
  By far the most common reason for being designated as a Habitual

Traffic Offender is for three convictions for driving while suspended license. A person could receive three traffic citations for driving on a suspended license without ever knowing their license was suspended and could have their license revoked for a period of five years. Until recently there was very little that could be done for this hapless person. The DHSMV is now offering an amnesty for qualifying offenders.

Amnesty Program

The intent of the amnesty program is to allow people designated as a HTO to provide proof of compliance with the underlying sanction for the driving on a suspended license and they will have their HTO status removed.

There are two criteria for initially qualifying for the amnesty program:

• The first is that their reason for the HTO designation is three driving on suspended license (DWLS) convictions. (ie: a DUI may not be one of the underlying offenses—DWLS ONLY.)
  
• The second criterion is that at least one of the driving on a suspended license must be for non-driving related suspensions. An example of a non-driving related suspension is for failing to pay child support or failing to maintain insurance.  (failing to pay a ticket is a driving related reason)

It is important to understand that the amnesty program will not remove these convictions from your record but will only allow you to be removed from habitual traffic offender status. Additionally, this program will only be available until June 30, 2011. After the expiration of this time period an offender will not have the ability to take advantage of this program.

Benefits of the Program

In addition to being able to drive, there are other benefits of participating in the amnesty program. If you are caught driving on a suspended license as a habitual traffic offender you can be prosecuted for a felony with an exposure to up to 5 years in prison, or at the very least, exposure to the negative effects of a felony conviction. This is true, even if you have never had a criminal offense in your life!  Surely the insurance rates of an Habitual Traffic Offender are much higher than the rates for a person who is not, as well.

HB 971 gets rid of permanent drivers license revocations after a fourth DUI in the interest on controlling the driving of recidivist drunk drivers.  Starting in October, drivers who have been permanently revoked because of 4 or more DUI convictions can apply for reinstatement after 10 years.  (In 2011, it goes down to 5 years). 

Prerequisites are: 

• Drug free for five years before hearing 
  
• Not arrested for a drug-related offense for five years before application 
  
• Hasn't (been caught) driven a motor vehicle for five years before hearing 
  
• Has completed a DUI education program 

If reinstated, they will have to: 

• have an Ignition Interlock installed for at least five years 
  
• be restricted to employment driving only for at least one year 
  
• be supervised by a DUI program which requires reporting at least 4
• times per year and includes evaluation, education and referral to treatment if necessary. 
  
• If convicted of an offense requiring a license revocation after reinstatement, then the license is revoked and the ten (or five) year revocation starts again.