Permanent Driver's License Suspension
If you have been convicted of
DUI in the State of Florida four or more times, you received a permanent driver's license suspension. Does this mean it is actually permanent? Maybe not. The reason why is because
Florida Statute Section 322.271 provides a way to possibly get it back after five years. What that law essentially says is that after the date of your last
conviction for DUI you can petition DMV for a hearing to re-instate your license. At this hearing you must show DMV that :
- You have not been arrested for a drug offense in the past five years
- You have not driven without a license in the past five years
- You have been drug free for the past five years
- You have completed a DUI program licensed by the department
If you can do the above, DMV will consider your "qualification, fitness and need" to drive. At that point they "may" reinstate your license subject to these restrictions:
- The license will be restricted for employment purposes only for one year
- You must be supervised by a supervised DUI program that is licensed by DMV. This will require reporting to the program for supervision and education at least four times per year and may include evaluation, education and referral for treatment
Any costs associated with continued supervision will be your responsibility. But even with restrictions placed upon you, the ability to recover your driver's license in this situation is incredible. After all, it was supposed to be revoked for life! The question probably remains, why do they call this
license suspension a Revocation for Life if it actually is not? The best answer is that until the
DMV reinstates the license after a hearing, it technically is suspended for life. And DMV always had discretion to deny the reinstatement based on your "qualifications and fitness." That is why it is important to have an experienced lawyer with you so that those factors and your need to drive are made crystal clear.