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Law Doctor
Law Doctor, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Represented clients in excess of 30,000 cases over 15 years.
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i got my 2nd DUI 5 years and 3 months apart. My ...

Customer Question

i got my 2nd DUI 5 years and 3 months apart. My question is, can I get my work lience reinstated if I've done all of my probation,6 months, DUI classes, 50 hours and AA classes etc? Your experts are taking a very long time too answer my ? Whats up? Just to make sure you understand, my 1st DUI was over 5 years before my 2nd.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Doctor replied 6 years ago.

DearCustomer

I am a Florida attorney and concentrate my practice in the area of DUI and Traffic Tickets. Under Florida law, a 2nd DUI within 5 years of the first DUI carries a 5 year mandatory revocation of your license. However, a person would be eligible for a hardship license after a one year cooling off period. If you are sure that your 2nd DUI is outside of 5 years of your 1st DUI then you need only to deal with a normal 6 month suspension starting from the date of your court conviction. However, if you failed to give a breath sample, then the suspension period is doubled to one year. If it was a second refusal, the suspension period is for 18 months. In all fairness, more precise information is needed in order to answer your question. I tried to provide you with all possible scenarios. Note a hardship license is equivalent to a restricted license whereby you may only drive to and from work, medical emergencies, and for religious purposes such as to attend church on Sundays. Be advised that while on a restricted license, you may not make pit stops. For example, if you are coming home from work, you may not stop off at publix to pickup groceries, or stop off an get your kids. The law is very specific. Basically, no detours! or you are deemed to be committing another criminal offense.

Based on your fact pattern, I will presume that the court suspended your license for only 6 months. You are eligible for a hardship license during that 6 months suspension, but you will not be able to get your regular class E license back until the 6 months suspension period expires. There are no exceptions, even if you complete all of your court ordered requirements.

I hope I was able to supply you with an ample reply. Please remember to click on the ACCEPT button. Any positive feedback you can report on my behalf would be greatly appreciated. If you feel a bonus is deserved that would be great. I wish you the best of luck! If you need clarification of my reply or have other questions, please contact me.

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