- How to Get a Hardship License After a First DUI in Florida
By Byron E. Cotton, Attorney at Law – Cotton & Gates
If you’ve been arrested for DUI in Fort Walton Beach, Destin, Crestview, or anywhere in Okaloosa or Walton County, Florida—whether you refused a breath test or blew over the legal limit of 0.08—you may be eligible for a hardship license that allows limited driving privileges during your license suspension.
But you must act fast. You have only 10 days from the date of your DUI arrest to protect your ability to drive by deciding whether to fight the suspension or apply for a hardship license through the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
1. Know What Type of Suspension You’re Facing
First DUI – Breath Test Over 0.08
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6-month license suspension
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You may be eligible to apply for a hardship license immediately if you waive the administrative hearing
First DUI – Refusal to Submit to Breath Test
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12-month license suspension
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You may also be eligible for a hardship license if you waive the administrative hearing
2. Speak with a DUI Attorney Before You Waive the Hearing
Before taking any action, it’s important to understand your rights. Within 10 days of arrest, you must choose whether to:
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Request a formal review hearing to challenge your license suspension, or
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Waive that hearing and apply right away for a hardship license
This is not a criminal court hearing—it’s an administrative hearing with the Florida DHSMV. But the outcome can significantly impact your driving record and criminal case.
In some cases, fighting the suspension is the better choice. If the arresting officer fails to appear or the state cannot prove legal grounds for suspension, your full driving privileges may be reinstated. That’s why it’s critical to speak with a DUI lawyer in Fort Walton Beach, Destin, Crestview, or anywhere in the surrounding area before making this decision.
3. Enroll in DUI School
Before applying, you must enroll in a state-approved DUI School. You must show proof of enrollment when submitting your application to the DHSMV.
4. Complete the Hardship License Application
You’ll need to complete the Florida DHSMV’s official Application for Hardship License (Form HSMV 78306). Below is the PDF form that FHSMV will require to be filled out to apply for the hardship should you choose to waive your right to the administrative review hearing.
Application for Hardship License (waiver of hearing)
5. Visit the Bureau of Administrative Reviews (BAR)
Submit your application and required documents to your local DHSMV Bureau of Administrative Reviews office. You’ll need:
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The completed application (Form HSMV 78306)
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Proof of DUI School enrollment and payment
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$25 filing fee
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Signed waiver (if you’re not contesting the suspension)
6. Attend a Phone Interview with a DHSMV Hearing Officer
In most cases, the FHSMV will conduct a brief phone interview to review your eligibility and verify your need for limited driving privileges. This is not a court hearing, but an administrative check of your qualifications.
7. Receive Your Hardship License
If approved, your hardship license will allow you to drive for:
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Employment
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Education
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Medical appointments
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Religious services
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Essential household needs
Serving Fort Walton Beach, Destin, Crestview & the Panhandle
At Cotton & Gates, we represent DUI clients throughout Fort Walton Beach, Destin, Crestview, Niceville, and all of Okaloosa and Walton Counties. We’ll help you:
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Decide whether to waive or request a formal review hearing
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Complete and file the necessary forms
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Represent you in administrative and criminal proceedings
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Work to protect your record and your ability to drive
Time is critical. You only have 10 days from your DUI arrest to act. Contact us today to schedule a consultation.
Cotton & Gates, Attorneys at Law
Phone: 850-651-9900
Address: 3 Plew Avenue, Shalimar, Florida 32579
Email: byron@cottongates.com