What a Florida hardship license is and who can request one
A hardship license in Florida is a restricted driving permit that lets you drive to specific places — work, school, medical appointments, court — even though your regular license is suspended because of a DUI conviction. You cannot use it for any other reason. It is not automatic; you have to request it through the court that handled your DUI case, and the judge decides whether to grant it based on the hardship you would face without it.
You can request a hardship license at any point after your DUI arrest, even before your case goes to trial. However, the timing matters: if you request one before you are convicted, the rules are different than if you request one after conviction. Most people request one after conviction because that is when the suspension actually takes effect.
Florida law does not may provide you will receive a hardship license. The judge looks at whether you have a genuine need to drive — losing your job, being unable to reach medical care, having no other transportation — and whether you are a safe risk. A first DUI conviction gives you a better chance than a second or third.
Key Takeaways
- You request a hardship license through the criminal court that handled your DUI case, not through the Department of Highway Safety and Motor Vehicles.
- The judge can grant you a hardship license even while your regular license is suspended, but only for specific purposes like work, school, or medical care.
- You must show the court a genuine hardship — job loss, medical necessity, or lack of transportation — and the judge has final say on whether to approve it.
- If you are arrested for DUI a second time while driving on a hardship license, you will lose the hardship license when ready and face additional criminal charges.
When you can request a hardship license before conviction
If you are arrested for DUI but have not yet been convicted, you can request what Florida calls a Business Purposes Only license through the criminal court. This is a temporary permit that lets you drive to work, school, or court while your case is pending. You do not need to wait for a conviction to ask for one.
To request a Business Purposes Only license before conviction, you file a motion with the court that is handling your DUI case. You will need to explain to the judge why you need to drive — that you will lose your job, that you have no other way to get to school, that you are the only driver in your household. The judge can approve it on the spot or schedule a hearing where you present your case in person.
This temporary license is useful because it keeps you driving while your case moves through the system, which can take months or longer. However, it ends the moment you are convicted. After conviction, you have to request a new hardship license under the post-conviction rules.
How to request a hardship license after DUI conviction
After you are convicted of DUI, your license is automatically suspended. At that point, you can request a Hardship License — the permanent version that lasts for the length of your suspension. You request it the same way: by filing a motion with the criminal court.
Your motion should include a detailed explanation of the hardship you face without a license. Do not just say you need to work; explain what job you have, how much you earn, what will happen if you lose it, and why you cannot use public transportation or carpool. If you have medical needs, include documentation from your doctor. If you are the only driver for a family member who cannot drive, explain that situation. The more specific you are, the better your chances.
You can file this motion yourself, or your DUI attorney can file it for you. If you do not have an attorney, you can still file it — the court will accept a motion from a person representing themselves. Some counties have forms available on the court website; others do not. Call the criminal court clerk's office for your county and ask whether they have a motion form for hardship licenses or whether you need to write your own.
After you file, the judge will either grant it in writing or schedule a hearing. If there is a hearing, you will testify about your hardship, and the prosecutor may argue against it. The judge then decides.
What the hardship license allows and does not allow
A hardship license comes with strict restrictions. You can drive only to and from the places listed on the license. The most common purposes are work, school, medical appointments, and court. You cannot drive for any other reason — not to the grocery store, not to visit family, not to run errands, not for pleasure.
The license will show the specific addresses where you can drive to and from. If your job is at 123 Main Street and your home is at 456 Oak Avenue, those are the only two places you can legally drive between. If you stop at a gas station on the way, you are technically in violation. If you are pulled over and the officer checks your license, they will see the restrictions when ready.
You must carry the hardship license with you whenever you drive, along with your regular ID. If you are stopped by police, show both documents. Driving on a hardship license while suspended is legal; driving outside the restrictions is not.
How long a hardship license lasts
The length of your hardship license depends on your DUI sentence and your criminal history. For a first DUI conviction, your license is typically suspended for six months to one year. A hardship license lasts for the entire suspension period — so if your suspension is one year, your hardship license is good for one year.
For a second or subsequent DUI, the suspension is longer — often five years or more — and a hardship license may not be available at all. Some judges refuse to grant hardship licenses to repeat offenders. If one is granted, it still lasts only as long as the suspension period.
When the suspension ends, your hardship license ends too. You can then request reinstatement of your regular license through the Department of Highway Safety and Motor Vehicles, though you may have to pay a reinstatement fee and meet other requirements depending on your sentence.
Conditions and restrictions you must follow
A hardship license comes with conditions beyond just the driving restrictions. You must maintain car insurance — Florida requires proof of insurance, and driving without it is a separate crime. You must obey all traffic laws. You cannot drive with any alcohol in your system, even if the amount is below the legal limit. Some judges add additional conditions, such as requiring you to install an ignition interlock device (a breathalyzer in your car) or to attend DUI school.
If you are pulled over and the officer suspects you have been drinking, you can be arrested for DUI again, even if your blood alcohol is below 0.08 percent. The law is stricter for people on hardship licenses. If you are arrested a second time while driving on a hardship license, the license is revoked when ready, and you will face additional criminal charges.
If you violate the driving restrictions — for example, you drive to a place not listed on the license — you can be charged with driving with a suspended license, which is a criminal offense. Keep a copy of your hardship license with you and know exactly where you are allowed to drive.
What happens if your hardship license request is denied
If the judge denies your hardship license request, you cannot drive at all during your suspension period, with one exception: you can drive to and from a DUI school or treatment program if the court ordered you to attend one. That is the only exception to the suspension.
If your request is denied, you can ask the judge to reconsider — usually by filing a motion for reconsideration within a set time period (often 15 days). If your circumstances change — you lose your job, you develop a medical condition, a family member becomes ill — you can file a new motion explaining the new hardship. Some judges will reconsider if the situation has genuinely changed.
You can also explore other options: carpooling with coworkers, using rideshare services, public transportation, or asking family members to drive you. These are not ideal, but they are legal alternatives while you wait for your suspension to end.
Frequently Asked Questions
Can I get a hardship license if this is my second or third DUI?
It depends on the judge and the details of your case. Florida law does not automatically disqualify repeat offenders, but judges are much less likely to grant a hardship license after a second or third DUI. You will need to show a very strong hardship — such as being the sole caregiver for a disabled child — and your attorney should present evidence that you are taking steps to address the underlying problem, such as attending treatment.
Do I need a lawyer to request a hardship license?
No, you can file the motion yourself. However, an attorney who knows the judge and the local court system can be helpful. They know what arguments work in that particular courtroom and can present your case more effectively. If you cannot afford an attorney, ask the court about filing the motion yourself — the clerk can tell you what form to use or how to write one.
What if my job location changes after I get the hardship license?
You will need to go back to court and ask the judge to modify the hardship license to include the new address. File a motion explaining the change and provide documentation of your new job. The judge can amend the license to add the new location. Do not drive to the new location before the judge approves the change.
Can I use a hardship license to drive to the grocery store or run errands?
No. A hardship license is strictly limited to the purposes listed on it — typically work, school, medical appointments, and court. Driving to the grocery store, visiting family, or any other purpose is a violation. If you are stopped and the officer checks your license, they will see the restrictions and can cite you for driving outside the permitted purposes.
What happens if I get pulled over while driving on a hardship license?
Show the officer both your hardship license and your regular ID. The hardship license proves that you are legally permitted to drive to that location during your suspension. If the officer believes you are driving outside the permitted purposes, they can cite you. If they suspect you have been drinking, they can arrest you for DUI, and a second DUI arrest will result in when ready revocation of the hardship license.