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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1804
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Has there ever been a case where a person having 4 DUIs in

Customer Question

Has there ever been a case where a person having 4 DUI's in Florida was granted a hardship license? My last DUI was 10 years ago, I have not drived nor drank alcohol since, have many personal and professional people who can confirm this. My credit score is 780 (excellent). I am disabled with many conditions with numerous visits to doctors each month. I also have a 15 yr. old son who needs a licensed driver for his learners permit. I have had no contact with law enforcement other than to help eradicate drug activity from our Housing development as well as assisting our on-site police which resulted in these people being evicted. I have completely changed my lifestyle and now I desperately need to be able to drive. Is there any hope for this in the state of Florida? I am on SSI and cannot really afford an attorney. What can you suggest.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
Florida law is quite clear that the license of a person with 4 DUIs is permanently revoked. The Florida Vehicle Code section is 322.28 (2)(e), which says:

(e) The court shall permanently revoke the driver's license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections. The court shall permanently revoke the driver's license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193. If the court has not permanently revoked such driver's license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver's license or driving privilege pursuant to this paragraph. No driver's license or driving privilege may be issued or granted to any such person.

Therefore, no hardship license can be issued to someone convicted of 4 DUIs. The Florida DMV interprets the law the same way. See their website at:

Regarding 4 DUIs, it says:

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

And regarding hardship reinstatement it says:

Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.


In short, the only hope you have of ever having a Florida driver's license again is a pardon by the governor. Since you cannot afford an attorney, and because you have made a significant effort to rehabilitate yourself and help others, it is possible that you may be able to obtain the assistance of a pro bono (free) lawyer to assist you. Try contacting Florida Legal Services, Inc., a non-profit pro bono attorney service which provides assistance to indigent people in need of legal assistance. Contact information is available at:


Good luck trying to resolve this difficult problem.

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