What a Florida hardship license does and who can get one
A hardship license (officially called a "Business Purposes Only" license) lets you drive to specific places — work, school, medical appointments, court-ordered programs — during a suspension caused by a DUI conviction or arrest. It is not a full license. You cannot drive for any other reason, and you must carry the hardship license document with you every time you drive.
Florida allows you to request a hardship license if your regular license was suspended because of a DUI arrest or conviction. The timing depends on whether you were convicted or are still in the arrest phase. If you were arrested but not yet convicted, you can request one when ready. If you were convicted, you must wait a set number of days before you can request one — this waiting period varies based on whether it was your first offense and other factors.
You do not need a lawyer to request a hardship license, though some people hire one. The process involves paperwork, a fee, and a hearing before a Florida Department of Highway Safety and Motor Vehicles (DHSMV) official. The hearing can happen in person or by phone.
Key Takeaways
- A hardship license lets you drive only to work, school, medical care, court programs, and a few other specific purposes during a DUI suspension.
- You can request one when ready after a DUI arrest, or after a waiting period following conviction — the waiting period is 5 days for a first offense, 30 days for a second offense within 5 years, and longer for additional offenses.
- You must file a petition with the DHSMV, pay a fee (currently $75), and attend a hearing where you explain why you need the license.
- The hearing officer decides whether to grant the license based on whether you have a valid reason and whether granting it serves the public interest.
- If approved, the hardship license is valid only during your suspension period and only for the purposes listed on the document.
The waiting period before you can request a hardship license
The number of days you must wait depends on your offense history and whether you have been convicted yet. If you were arrested but not convicted, you can request a hardship license right away — there is no waiting period. If you were convicted, the waiting period begins on the date of conviction.
For a first DUI conviction, you wait 5 days. For a second DUI conviction within 5 years of the first, you wait 30 days. For a third or subsequent conviction within 10 years, you wait 90 days. If your license was suspended for refusing a breath or blood test (called a "refusal suspension"), the waiting periods are longer: 30 days for a first refusal, 90 days for a second refusal within 5 years, and 1 year for a third or subsequent refusal within 10 years.
Count the waiting period from the conviction date, not from the arrest date. If you are unsure of your conviction date or which waiting period applies to you, contact the DHSMV at 850-617-2000 or visit your local DHSMV office.
How to file your hardship license petition
You file your petition with the DHSMV office that handles your county. You can file in person, by mail, or online through the DHSMV website. The online option is fastest — you can complete the form and pay the $75 fee without leaving home.
To file online, go to the DHSMV website (flhsmv.gov), navigate to the "Driver Licenses" section, and look for the hardship license petition form. You will need your driver's license number, your case number (from your arrest or conviction paperwork), and a credit or debit card to pay the fee. The form asks why you need the license and what specific places you need to drive to.
If you file by mail, send the completed petition form (Form HSMV 76-009, available on the DHSMV website) to the DHSMV office in your county along with the $75 fee. Include a copy of your driver's license and any court documents related to your DUI. Mail takes longer — allow 2 to 3 weeks for processing.
If you file in person, bring your driver's license, your case number, the petition form, and payment to your local DHSMV office. You can complete the form there if you have not already. Processing is faster in person, sometimes same-day or within a few days.
What to expect at your hardship license hearing
After you file, the DHSMV schedules a hearing. You will receive a notice by mail with the date, time, and location. The hearing is usually held at your local DHSMV office, but you can request a phone hearing if you cannot attend in person — mention this when you file your petition.
At the hearing, a DHSMV hearing officer will ask you questions about why you need the license and what you plan to use it for. Be prepared to explain your job, your work schedule, and why you cannot use public transportation or carpool. If you are attending school or a court-ordered DUI program, bring documentation showing your enrollment or schedule. If you have medical appointments, bring a letter from your doctor or a copy of your appointment card.
The hearing officer will also ask about your driving record, your DUI case, and whether you have any other suspensions or restrictions. Answer honestly. The officer is deciding whether granting you a hardship license serves the public interest — meaning whether your need is genuine and whether you are likely to follow the restrictions.
Most hearings last 10 to 20 minutes. You do not need a lawyer, but you can bring one if you want. After the hearing, the officer will tell you the decision when ready or mail it to you within a few days.
What places you can drive to with a hardship license
A hardship license lists specific purposes you are allowed to drive for. The standard purposes are: your place of employment, your school or college, medical or dental appointments, court-ordered DUI programs (such as substance abuse treatment or DUI school), and court appearances related to your DUI case.
You can also drive to places directly related to these purposes — for example, from home to work, from work to a medical appointment, or from school to a DUI program. You cannot drive for any other reason: no grocery shopping, no visiting friends, no running errands, no driving for pleasure.
The hardship license will specify the days and times you are allowed to drive. For example, it might say "Monday through Friday, 6 a.m. to 6 p.m." If your work schedule changes or you need to add another purpose (such as a new medical appointment), you must request a modification to your hardship license — file a new petition explaining the change.
How long your hardship license lasts
Your hardship license is valid only during your suspension period. The length of your suspension depends on your offense history. For a first DUI conviction, the suspension is 6 months. For a second conviction within 5 years, it is 5 years. For a third or subsequent conviction within 10 years, it is 10 years. If you refused a breath or blood test, the suspension is longer: 1 year for a first refusal, 5 years for a second refusal within 5 years, and 10 years for a third or subsequent refusal within 10 years.
When your suspension ends, your hardship license automatically expires. You do not need to do anything — you can straightforward renew your regular license through the normal process. If your DUI case is dismissed or you are acquitted, your suspension is lifted when ready and your hardship license becomes invalid.
If you are arrested again or convicted of another offense during your suspension, your hardship license can be revoked. If this happens, you will receive notice from the DHSMV.
What happens if you violate the terms of your hardship license
Driving outside the permitted times, places, or purposes is a violation. If you are stopped by police and found to be driving outside your hardship license restrictions, you can be charged with driving with a suspended license — a separate criminal charge that carries its own penalties.
A violation can also result in your hardship license being revoked. If that happens, you lose the right to drive for any purpose until your suspension period ends. You can request a new hardship license, but the hearing officer may deny it based on your previous violation.
Keep your hardship license document with you every time you drive. If you are stopped, show it to the officer along with your identification. The document shows the officer what you are allowed to do, and it protects you if you are driving within the permitted purposes.
Frequently Asked Questions
Can I get a hardship license if I refused a breath or blood test?
Yes. A refusal suspension works the same way as a conviction suspension — you wait the required period and then file a petition. The waiting period for a refusal is longer than for a conviction (30 days for a first refusal versus 5 days for a first conviction), and the suspension period is also longer (1 year for a first refusal versus 6 months for a first conviction).
What if my DUI case is still pending and I have not been convicted yet?
You can request a hardship license when ready after your arrest, even if your case has not gone to trial. You do not have to wait for a conviction. File your petition and explain why you need to drive during the pending case. If you are later convicted, your hardship license continues under the conviction suspension timeline.
Can I drive to places not listed on my hardship license if it is an emergency?
No. The hardship license is strict — you can only drive to the places and times listed. If you have a genuine emergency (medical emergency, court order), call 911 or contact the court. Driving outside your restrictions, even for an emergency, is a violation and can result in criminal charges.
Do I need a lawyer to request a hardship license?
No. The petition and hearing process are designed for people to handle on their own. A lawyer can help, but it is not required. If you are unsure about your waiting period or how to file, call the DHSMV at 850-617-2000 — staff can answer basic questions.
What if the DHSMV denies my hardship license request?
You can request another hearing. The hearing officer must provide a written reason for the denial. Common reasons are that your need was not convincing, that you did not provide enough documentation, or that the officer determined granting the license would not serve the public interest. Address the reason in your next petition and bring additional documentation to support your case.