What a hardship license is and when you need one
A hardship license in Florida is a restricted driving permit that lets you drive to specific places — usually work, school, medical appointments, or court-ordered programs — when your regular license has been suspended. You cannot use it for errands, social trips, or any other purpose.
You become may be able to access for a hardship license only after your suspension has already taken effect. You cannot request one before the suspension starts. The suspension itself comes from a conviction (usually DUI-related), a medical suspension, or accumulating too many points on your driving record.
Florida calls this permit a Business Purpose Only License in some cases and a Hardship License in others, depending on why your license was suspended. The process and requirements differ slightly between them, but both work the same way: you drive only to the places the court or Department of Highway Safety and Motor Vehicles (DHSMV) has approved.
Key Takeaways
- You must wait until your suspension is already in effect before you can request a hardship license — you cannot get one before the suspension starts.
- The request goes to the circuit court in the county where you were convicted or where your suspension was issued, not to the DHSMV.
- You will need to show proof of financial hardship, a valid reason for driving (employment, school, medical treatment, or court-ordered programs), and proof of insurance.
- The judge decides whether to grant the license and what places you are allowed to drive to; approval is not automatic.
- If approved, you must carry the hardship license and court order with you every time you drive, or you can be arrested for driving with a suspended license.
When you are may be able to access to request a hardship license
may be able to access depends on why your license was suspended. If you were suspended for a DUI conviction, you must wait a minimum period before you can even request one — typically 30 days for a first offense, longer for repeat offenses. If your suspension is for accumulating points or a medical reason, the waiting period may be different or nonexistent.
You must also show financial hardship. This means you need to demonstrate that losing your license creates a genuine hardship — usually that you cannot get to work, school, or medical care without driving. straightforward wanting to drive is not enough. The court looks at whether public transportation, carpooling, or other alternatives are actually available to you.
Some suspensions do not allow hardship licenses at all. If your license was suspended for refusing a breath test (implied consent violation) or for certain criminal convictions, you may not be may be able to access. Check with the circuit court clerk in your county to confirm whether your specific suspension allows a hardship request.
Where to file your request
You file the request with the circuit court in the county where you were convicted or where the suspension was issued — not with the DHSMV. Call the circuit court clerk's office in that county and ask for the hardship license petition form, or search the court's website for "hardship license petition" or "business purpose only license petition."
Some counties allow you to file by mail; others require you to appear in person. A few courts now accept online filing through their e-filing system. The clerk's office can tell you which method applies in your county and what the filing fee is (fees vary by county but typically range from $0 to $50).
You can also contact a criminal defense attorney to file on your behalf, though this adds legal fees. Many attorneys offer this service for $200 to $500, depending on the complexity of your case.
Documents and information you will need to gather
Before you file, collect the following:
- Your driver's license (or a copy of it)
- Proof of the suspension (usually a letter from the DHSMV or a court document)
- Proof of financial hardship (pay stubs, tax returns, or a written statement explaining why you cannot use other transportation)
- Proof of a valid reason to drive (a job offer letter, school enrollment confirmation, medical appointment letter, or court order for a program)
- Proof of insurance (your current auto insurance policy or declaration page)
- The names and addresses of the places you need to drive to (employer, school, doctor's office, etc.)
The court uses this information to decide whether to grant the license and what specific locations to allow. Be as detailed as possible about your work schedule, school times, and medical appointments — the more specific you are, the easier it is for the judge to approve your request.
How to complete and submit the petition
The petition form asks you to describe your financial hardship, explain why you need to drive, and list the specific places you need to go. Write clearly and honestly. Do not exaggerate your hardship, but do explain concretely why you cannot use alternatives like public transit, carpooling, or ride-sharing services.
For example, "I work a shift that starts at 5 a.m. and there is no bus service before 7 a.m. in my area" is stronger than "I need to get to work." Similarly, "My doctor's office is 20 miles away and I have a medical appointment every two weeks" is more persuasive than "I have medical needs."
Sign the petition in front of a notary public (banks, UPS stores, and some law offices offer this service for $5 to $15) and include the notarized signature with your filing. Mail or deliver the completed petition, all supporting documents, and the filing fee to the circuit court clerk's office. Keep a copy for your records.
What happens after you file
The court will schedule a hearing, usually within two to four weeks. You will receive a notice by mail with the date, time, and location. You must attend the hearing in person unless the judge allows you to appear by phone or video (ask the clerk when you file).
At the hearing, the judge will review your petition and may ask you questions about your hardship, your job, and why you cannot use other transportation. Answer honestly and directly. The judge then decides whether to grant the hardship license and, if approved, what specific places you are allowed to drive to.
If the judge approves your request, you will receive a court order listing the approved locations and the dates the license is valid. Take this order to the DHSMV to get your hardship license issued. You must carry both the hardship license and the court order with you every time you drive. Driving to any location not listed on the order, or driving outside the approved times, is a violation and can result in arrest.
What to do if your request is denied
If the judge denies your petition, you can file a new request after a waiting period (usually 30 to 60 days, depending on the reason for denial). The judge will explain why the request was denied — often because the hardship was not convincing enough, or because public transportation or other alternatives were available.
If you believe the judge made an error, you can appeal the decision to the district court of appeal in your region. This requires filing a notice of appeal within 30 days of the denial and usually involves hiring an attorney. Appeals are expensive and time-consuming, so most people instead wait the required period and file a new petition with stronger evidence of hardship.
Frequently Asked Questions
Can I drive anywhere I want on a hardship license?
No. You can only drive to the specific locations listed on your court order — typically your workplace, school, doctor's office, or court-ordered program. Driving anywhere else, even briefly, violates the license and can result in arrest for driving with a suspended license.
How long does a hardship license last?
The duration depends on your original suspension. If your suspension is for one year, your hardship license typically lasts for that same year. The court order will state the exact end date. You cannot renew a hardship license; once it expires, you must wait until your full suspension is lifted to drive normally again.
Do I have to pay for the hardship license itself?
You pay a filing fee to the court (varies by county, typically $0 to $50) when you submit your petition. The DHSMV charges a fee to issue the hardship license itself, usually around $20 to $30. You pay this fee when you go to the DHSMV office with your court order.
What if I lose my hardship license or court order?
Contact the DHSMV when ready to report the loss and request a replacement hardship license. You will also need to get a certified copy of your court order from the circuit court clerk. Driving without both documents is a violation, even if you have a valid hardship license on file.
Can I get a hardship license if I was suspended for refusing a breath test?
Refusal suspensions have stricter rules. In many cases, you cannot get a hardship license during a refusal suspension, but you may be may be able to access for a license after the refusal period ends and you complete other requirements (like DUI school). Contact the circuit court clerk in your county to confirm what applies to your specific suspension.