On DUI suspensions, unless you go to the DMV within 10 days to see about a hearing or hardship, the person accused of DUI will have to wait either 30 days (if you blew over the limit of .08) or 90 days (if you refused the breath test) before they can go apply for the hardship.
However, in order to apply, you MUST enroll in the DUI class (www.floridasafetycouncil.org) – This is urgent and something drivers should do ASAP if you have been charged with a DUI. You can do this with or without a lawyer.
Regardless of what happens with the criminal case/charge, this class is going to be required; so it is a good idea to sign up from the beginning because this class will be needed if you get placed on probation, even if you are approved for a diversion program, the case is dropped, or if you want to get a hardship while the suspension is in effect (BECAUSE IF YOU BLEW OVER THE LIMIT – DMV will suspend your driving privilege for 6 months regardless of the status or outcome of the criminal case; and 12 months if you REFUSED).
You will need to enroll in the class (proof of enrollment is what is needed to be eligible for hardship, not total class completion) but your certificate will satisfy any condition of probation or diversion that requires it if that is how the case ends up resolving.
To enroll or for questions regarding the class, go to the Florida Safety Council’s website – www.floridasafetycouncil.org or call 407-896-1894 (Offices Orlando, Casselberry, Kissimmee, Melbourne).
If you were arrested for DUI, you should know, once your 6 months or 12 months of suspension is finished (or court ordered suspension) – you MUST go to the DMV to re-instate – IT IS NOT AUTOMATIC.
Also, please note, the 6 or 12 month DMV (administrative) suspension has nothing to do with the criminal case. Drivers licenses are suspended after 10 days of your arrest for the period of 6 or 12 months; but if lets say in 3 months, you enter a plea to the DUI (criminal case), now a separate/new suspension starts of 6 months (for a blow over .08) or 12 months (if refusal).
*Also, if you get your hardship before the criminal case is closed, and then enter a plea that involves a DL suspension, your hardship will no longer be valid. You must go reapply.
*If a person is then caught driving without a valid drivers license and the suspension was because of a DUI, 1) they will be 90% more likely to get JAIL time on that driving while license suspended charge and 2) they will NOT be eligible for a hardship for an entire year.