Legal Question in Criminal Law in Florida

Criminal Suspension

Criminal Suspension

As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license.

Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another fee to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension.

Criminal Suspension Periods

Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension.

1. First Conviction: Minimum 180 days revocation, maximum 1 year.

2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

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

5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.