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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Apopka criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Apopka criminal defense lawyer and Orange County Florida DUI attorney today. The Wilson Law Firm, P.L. © 2010
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Orlando Criminal Lawyer - Habitual Traffic Offenders:
If you have been classified as a Habitual Traffic Offender and have been
arrested for the offense of driving on a suspended license, you face significant
criminal penalties, and you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and
the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes provides some information regarding Habitual Traffic Offenders:
Florida Statute 322.264 - "Habitual Traffic Offender" defined.
A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and
Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses
described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of Florida Statutes. 316.193, former 316.1931, or former 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash
resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute
322.27, including those offenses in subsection (1).
Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of
another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a
violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to
July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions
may have resulted in suspension, revocation, or disqualification under another section does not exempt them from
being used for suspension or revocation under this section as a habitual offender.
Note: Driver's License Suspension as a Habitual Traffic Offender - Florida Statute 322.27(5) states
that the department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264,
and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except
as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause
why his or her license should not be revoked.
Note: Penalty for Driving as a Habitual Traffic Offender - Florida Statute 322.34(5) states that any
person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any
motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree,
punishable by up to 5 years in State Prison.
Florida Statute 322.271 - Authority to modify revocation, cancellation, or suspension order.
(1)(a) Upon the suspension, cancellation, or revocation of the driver’s license of any person as authorized or
required in this chapter, except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or
a person who is ineligible to be granted the privilege of driving on a limited or restricted basis under subsection (2),
the department shall immediately notify the licensee and, upon his or her request, shall afford him or her an
opportunity for a hearing pursuant to chapter 120, as early as practicable within not more than 30 days after receipt of
such request, in the county wherein the licensee resides, unless the department and the licensee agree that such
hearing may be held in some other county.
(b) A person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from
the date of such revocation, petition the department for reinstatement of his or her driving privilege. Upon such
petition and after investigation of the person’s qualification, fitness, and need to drive, the department shall hold a
hearing pursuant to chapter 120 to determine whether the driving privilege shall be reinstated on a restricted basis
solely for business or employment purposes.
(c) For the purposes of this section, the term:
1. “A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving
necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for
educational purposes, and driving for church and for medical purposes.
2. “A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to
and from work and any necessary on-the-job driving required by an employer or occupation.
Driving for any purpose other than as provided by this paragraph is not permitted by a person whose driving privilege
has been restricted to employment or business purposes. In addition, a person whose driving privilege is restricted
to employment or business purposes remains subject to any restriction that applied to the type of license which the
person held at the time of the order of suspension, cancellation, or revocation.
(2) At such hearing, the person whose license has been suspended, canceled, or revoked may show that such
suspension, cancellation, or revocation causes a serious hardship and precludes the person from carrying out his or
her normal business occupation, trade, or employment and that the use of the person’s license in the normal course
of his or her business is necessary to the proper support of the person or his or her family.
(a) Except as otherwise provided in this subsection, the department shall require proof of the successful
completion of the applicable department-approved driver training course operating pursuant to s. 318.1451 or DUI
program substance abuse education course and evaluation as provided in s. 316.193(5). Letters of recommendation
from respected business persons in the community, law enforcement officers, or judicial officers may also be
required to determine whether the person should be permitted to operate a motor vehicle on a restricted basis for
business or employment use only and in determining whether such person can be trusted to so operate a motor
vehicle. If a driver’s license has been suspended under the point system or under s. 322.2615, the department shall
require proof of enrollment in the applicable department-approved driver training course or licensed DUI program
substance abuse education course, including evaluation and treatment, if referred, and may require letters of
recommendation described in this paragraph to determine if the driver should be reinstated on a restricted basis. If
the person fails to complete the approved course within 90 days after reinstatement or subsequently fails to
complete treatment, the department shall cancel his or her driver’s license until the course and treatment, if
applicable, is successfully completed, notwithstanding the terms of the court order or any suspension or revocation
of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon
verification from the DUI program that the offender has reentered and is currently participating in treatment and has
completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the
second failure to complete treatment, the department shall reinstate the driving privilege only after notice of
completion of treatment from the DUI program. The privilege of driving on a limited or restricted basis for business or
employment use may not be granted to a person who has been convicted of a violation of s. 316.193 until completion
of the DUI program substance abuse education course and evaluations as provided in s. 316.193(5). Except as
provided in paragraph (c), the privilege of driving on a limited or restricted basis for business or employment use may
not be granted to a person whose license is revoked pursuant to s. 322.28 or suspended pursuant to s. 322.2615
and who has been convicted of a violation of s. 316.193 two or more times or whose license has been suspended
two or more times for refusal to submit to a test pursuant to s. 322.2615 or former s. 322.261.
(b) The department may waive the hearing process for suspensions and revocations upon request by the driver if
the driver has enrolled in or completed the applicable driver training course approved under s. 318.1451 or the DUI
program substance abuse education course and evaluation provided in s. 316.193(5). However, the department may
not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple convictions
for violations of s. 316.193 pursuant to s. 322.27(5), or a second or subsequent suspension or revocation pursuant
to the same provision of this chapter. This paragraph does not preclude the department from requiring a hearing for
any suspension or revocation that it determines is warranted based on the severity of the offense.
(c) A person whose license has been revoked for a period of 5 years or less pursuant to s. 322.28(2)(a) may, 12
months after the date the revocation was imposed, petition the department for reinstatement of his or her driving
privilege on a restricted basis. A person whose license has been revoked for more than 5 years under s. 322.28(2)
(a) may, 24 months after the date the revocation was imposed, petition the department for reinstatement of his or her
driving privilege on a restricted basis. Reinstatement under this subsection is restricted to business or employment
purposes only. In addition, the department shall require such persons upon reinstatement to have not driven and to
have been drug free for at least 12 months immediately before the reinstatement, to be supervised by a DUI program
licensed by the department, and to report to the program at least three times a year as required by the program for
the duration of the revocation period for supervision. Such supervision includes evaluation, education, referral into
treatment, and other activities required by the department. Such persons shall assume reasonable costs of
supervision. If the person fails to comply with the required supervision, the program shall report the failure to the
department, and the department shall cancel the person’s driving privilege. This paragraph does not apply to any
person whose driving privilege has been permanently revoked.
(d) For the purpose of this section, a previous conviction of driving under the influence, driving while intoxicated,
driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related offense outside this
state or a previous conviction of former s. 316.1931, former s. 316.028, or former s. 860.01 is considered a previous
conviction for violation of s. 316.193.
(e) The department, based upon review of the licensee’s application for reinstatement, may require use of an
ignition interlock device pursuant to s. 322.2715.
(3) Upon such hearing, the department shall either suspend, affirm, or modify its order and may restore to the
licensee the privilege of driving on a limited or restricted basis for business or employment use only.
(4) Notwithstanding the provisions of s. 322.28(2)(e), a person whose driving privilege has been permanently
revoked because he or she has been convicted of DUI manslaughter in violation of s. 316.193 and has no prior
convictions for DUI-related offenses may, upon the expiration of 5 years after the date of such revocation or the
expiration of 5 years after the termination of any term of incarceration under s. 316.193 or former s. 316.1931,
whichever date is later, petition the department for reinstatement of his or her driving privilege.
(a) Within 30 days after the receipt of such a petition, the department shall afford the petitioner an opportunity for a
hearing. At the hearing, the petitioner must demonstrate to the department that he or she:
1. Has not been arrested for a drug-related offense during the 5 years preceding the filing of the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At such hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive. Upon
such determination, the department may, in its discretion, reinstate the driver’s license of the petitioner. Such
reinstatement must be made subject to the following qualifications:
1. The license must be restricted for employment purposes for not less than 1 year; and
2. Such person must be supervised by a DUI program licensed by the department and report to the program for
such supervision and education at least four times a year or additionally as required by the program for the
remainder of the revocation period. Such supervision shall include evaluation, education, referral into treatment, and
other activities required by the department.
(c) Such person must assume the reasonable costs of supervision. If such person fails to comply with the required
supervision, the program shall report the failure to the department, and the department shall cancel such person’s
driving privilege.
(d) If, after reinstatement, such person is convicted of an offense for which mandatory revocation of his or her
license is required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the providing of services by DUI programs pursuant to this section.
1(5) Notwithstanding the provisions of s. 322.28(2)(e), a person whose driving privilege has been permanently
revoked because he or she has been convicted four or more times of violating s. 316.193 or former s. 316.1931 may,
upon the expiration of 10 years after the date of the last conviction or the expiration of 10 years after the termination of
any incarceration under s. 316.193 or former s. 316.1931, whichever is later, petition the department for
reinstatement of his or her driving privilege.
(a) Within 30 days after receipt of a petition, the department shall provide for a hearing, at which the petitioner must
demonstrate that he or she:
1. Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At the hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive, and may,
after such determination, reinstate the petitioner’s driver’s license. The reinstatement shall be subject to the
following qualifications:
1. The petitioner’s license must be restricted for employment purposes for not less than 1 year; and
2. The petitioner must be supervised by a DUI program licensed by the department and must report to the program
for supervision and education at least four times a year or more, as required by the program, for the remainder of the
revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities
required by the department.
(c) The petitioner must assume the reasonable costs of supervision. If the petitioner does not comply with the
required supervision, the program shall report the failure to the department, and the department shall cancel such
person’s driving privilege.
(d) If, after reinstatement, the petitioner is convicted of an offense for which mandatory license revocation is
required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the services provided by DUI programs pursuant to this section.
(6) A person may not be issued a commercial driver’s license during a period in which such person is disqualified
from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or
canceled.
________________________________________________
For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:
Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 - Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).
Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Apopka DUI lawyer about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
If you have been classified as a Habitual Traffic Offender and have been
arrested for the offense of driving on a suspended license, you face significant
criminal penalties, and you should speak with an experienced criminal
defense attorney at your earliest opportunity to learn about your rights and
the defenses that may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following Florida Statutes provides some information regarding Habitual Traffic Offenders:
Florida Statute 322.264 - "Habitual Traffic Offender" defined.
A “habitual traffic offender” is any person whose record, as maintained by the Department of Highway Safety and
Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses
described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of Florida Statutes. 316.193, former 316.1931, or former 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash
resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in Florida Statute
322.27, including those offenses in subsection (1).
Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of
another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a
violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to
July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions
may have resulted in suspension, revocation, or disqualification under another section does not exempt them from
being used for suspension or revocation under this section as a habitual offender.
Note: Driver's License Suspension as a Habitual Traffic Offender - Florida Statute 322.27(5) states
that the department shall revoke the license of any person designated a habitual offender, as set forth in s. 322.264,
and such person shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except
as provided for in s. 322.271. Any person whose license is revoked may, by petition to the department, show cause
why his or her license should not be revoked.
Note: Penalty for Driving as a Habitual Traffic Offender - Florida Statute 322.34(5) states that any
person whose driver’s license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any
motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree,
punishable by up to 5 years in State Prison.
Florida Statute 322.271 - Authority to modify revocation, cancellation, or suspension order.
(1)(a) Upon the suspension, cancellation, or revocation of the driver’s license of any person as authorized or
required in this chapter, except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or
a person who is ineligible to be granted the privilege of driving on a limited or restricted basis under subsection (2),
the department shall immediately notify the licensee and, upon his or her request, shall afford him or her an
opportunity for a hearing pursuant to chapter 120, as early as practicable within not more than 30 days after receipt of
such request, in the county wherein the licensee resides, unless the department and the licensee agree that such
hearing may be held in some other county.
(b) A person whose driving privilege has been revoked under s. 322.27(5) may, upon expiration of 12 months from
the date of such revocation, petition the department for reinstatement of his or her driving privilege. Upon such
petition and after investigation of the person’s qualification, fitness, and need to drive, the department shall hold a
hearing pursuant to chapter 120 to determine whether the driving privilege shall be reinstated on a restricted basis
solely for business or employment purposes.
(c) For the purposes of this section, the term:
1. “A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving
necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for
educational purposes, and driving for church and for medical purposes.
2. “A driving privilege restricted to employment purposes only” means a driving privilege that is limited to driving to
and from work and any necessary on-the-job driving required by an employer or occupation.
Driving for any purpose other than as provided by this paragraph is not permitted by a person whose driving privilege
has been restricted to employment or business purposes. In addition, a person whose driving privilege is restricted
to employment or business purposes remains subject to any restriction that applied to the type of license which the
person held at the time of the order of suspension, cancellation, or revocation.
(2) At such hearing, the person whose license has been suspended, canceled, or revoked may show that such
suspension, cancellation, or revocation causes a serious hardship and precludes the person from carrying out his or
her normal business occupation, trade, or employment and that the use of the person’s license in the normal course
of his or her business is necessary to the proper support of the person or his or her family.
(a) Except as otherwise provided in this subsection, the department shall require proof of the successful
completion of the applicable department-approved driver training course operating pursuant to s. 318.1451 or DUI
program substance abuse education course and evaluation as provided in s. 316.193(5). Letters of recommendation
from respected business persons in the community, law enforcement officers, or judicial officers may also be
required to determine whether the person should be permitted to operate a motor vehicle on a restricted basis for
business or employment use only and in determining whether such person can be trusted to so operate a motor
vehicle. If a driver’s license has been suspended under the point system or under s. 322.2615, the department shall
require proof of enrollment in the applicable department-approved driver training course or licensed DUI program
substance abuse education course, including evaluation and treatment, if referred, and may require letters of
recommendation described in this paragraph to determine if the driver should be reinstated on a restricted basis. If
the person fails to complete the approved course within 90 days after reinstatement or subsequently fails to
complete treatment, the department shall cancel his or her driver’s license until the course and treatment, if
applicable, is successfully completed, notwithstanding the terms of the court order or any suspension or revocation
of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon
verification from the DUI program that the offender has reentered and is currently participating in treatment and has
completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the
second failure to complete treatment, the department shall reinstate the driving privilege only after notice of
completion of treatment from the DUI program. The privilege of driving on a limited or restricted basis for business or
employment use may not be granted to a person who has been convicted of a violation of s. 316.193 until completion
of the DUI program substance abuse education course and evaluations as provided in s. 316.193(5). Except as
provided in paragraph (c), the privilege of driving on a limited or restricted basis for business or employment use may
not be granted to a person whose license is revoked pursuant to s. 322.28 or suspended pursuant to s. 322.2615
and who has been convicted of a violation of s. 316.193 two or more times or whose license has been suspended
two or more times for refusal to submit to a test pursuant to s. 322.2615 or former s. 322.261.
(b) The department may waive the hearing process for suspensions and revocations upon request by the driver if
the driver has enrolled in or completed the applicable driver training course approved under s. 318.1451 or the DUI
program substance abuse education course and evaluation provided in s. 316.193(5). However, the department may
not waive the hearing for suspensions or revocations that involve death or serious bodily injury, multiple convictions
for violations of s. 316.193 pursuant to s. 322.27(5), or a second or subsequent suspension or revocation pursuant
to the same provision of this chapter. This paragraph does not preclude the department from requiring a hearing for
any suspension or revocation that it determines is warranted based on the severity of the offense.
(c) A person whose license has been revoked for a period of 5 years or less pursuant to s. 322.28(2)(a) may, 12
months after the date the revocation was imposed, petition the department for reinstatement of his or her driving
privilege on a restricted basis. A person whose license has been revoked for more than 5 years under s. 322.28(2)
(a) may, 24 months after the date the revocation was imposed, petition the department for reinstatement of his or her
driving privilege on a restricted basis. Reinstatement under this subsection is restricted to business or employment
purposes only. In addition, the department shall require such persons upon reinstatement to have not driven and to
have been drug free for at least 12 months immediately before the reinstatement, to be supervised by a DUI program
licensed by the department, and to report to the program at least three times a year as required by the program for
the duration of the revocation period for supervision. Such supervision includes evaluation, education, referral into
treatment, and other activities required by the department. Such persons shall assume reasonable costs of
supervision. If the person fails to comply with the required supervision, the program shall report the failure to the
department, and the department shall cancel the person’s driving privilege. This paragraph does not apply to any
person whose driving privilege has been permanently revoked.
(d) For the purpose of this section, a previous conviction of driving under the influence, driving while intoxicated,
driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related offense outside this
state or a previous conviction of former s. 316.1931, former s. 316.028, or former s. 860.01 is considered a previous
conviction for violation of s. 316.193.
(e) The department, based upon review of the licensee’s application for reinstatement, may require use of an
ignition interlock device pursuant to s. 322.2715.
(3) Upon such hearing, the department shall either suspend, affirm, or modify its order and may restore to the
licensee the privilege of driving on a limited or restricted basis for business or employment use only.
(4) Notwithstanding the provisions of s. 322.28(2)(e), a person whose driving privilege has been permanently
revoked because he or she has been convicted of DUI manslaughter in violation of s. 316.193 and has no prior
convictions for DUI-related offenses may, upon the expiration of 5 years after the date of such revocation or the
expiration of 5 years after the termination of any term of incarceration under s. 316.193 or former s. 316.1931,
whichever date is later, petition the department for reinstatement of his or her driving privilege.
(a) Within 30 days after the receipt of such a petition, the department shall afford the petitioner an opportunity for a
hearing. At the hearing, the petitioner must demonstrate to the department that he or she:
1. Has not been arrested for a drug-related offense during the 5 years preceding the filing of the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At such hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive. Upon
such determination, the department may, in its discretion, reinstate the driver’s license of the petitioner. Such
reinstatement must be made subject to the following qualifications:
1. The license must be restricted for employment purposes for not less than 1 year; and
2. Such person must be supervised by a DUI program licensed by the department and report to the program for
such supervision and education at least four times a year or additionally as required by the program for the
remainder of the revocation period. Such supervision shall include evaluation, education, referral into treatment, and
other activities required by the department.
(c) Such person must assume the reasonable costs of supervision. If such person fails to comply with the required
supervision, the program shall report the failure to the department, and the department shall cancel such person’s
driving privilege.
(d) If, after reinstatement, such person is convicted of an offense for which mandatory revocation of his or her
license is required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the providing of services by DUI programs pursuant to this section.
1(5) Notwithstanding the provisions of s. 322.28(2)(e), a person whose driving privilege has been permanently
revoked because he or she has been convicted four or more times of violating s. 316.193 or former s. 316.1931 may,
upon the expiration of 10 years after the date of the last conviction or the expiration of 10 years after the termination of
any incarceration under s. 316.193 or former s. 316.1931, whichever is later, petition the department for
reinstatement of his or her driving privilege.
(a) Within 30 days after receipt of a petition, the department shall provide for a hearing, at which the petitioner must
demonstrate that he or she:
1. Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been drug-free for at least 5 years prior to the hearing; and
4. Has completed a DUI program licensed by the department.
(b) At the hearing, the department shall determine the petitioner’s qualification, fitness, and need to drive, and may,
after such determination, reinstate the petitioner’s driver’s license. The reinstatement shall be subject to the
following qualifications:
1. The petitioner’s license must be restricted for employment purposes for not less than 1 year; and
2. The petitioner must be supervised by a DUI program licensed by the department and must report to the program
for supervision and education at least four times a year or more, as required by the program, for the remainder of the
revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities
required by the department.
(c) The petitioner must assume the reasonable costs of supervision. If the petitioner does not comply with the
required supervision, the program shall report the failure to the department, and the department shall cancel such
person’s driving privilege.
(d) If, after reinstatement, the petitioner is convicted of an offense for which mandatory license revocation is
required, the department shall revoke his or her driving privilege.
(e) The department shall adopt rules regulating the services provided by DUI programs pursuant to this section.
(6) A person may not be issued a commercial driver’s license during a period in which such person is disqualified
from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or
canceled.
________________________________________________
For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:
Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 - Sanctions for infractions by minors.
Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).
Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney and Apopka DUI lawyer about your situation or to schedule a Free Initial Consultation. The
Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
|
Orange County Florida Criminal Attorney & Orlando DUI Lawyer
| Call Today: (407) 648-5255 |
Orange County Florida Criminal Lawyer & Orlando DUI Attorney -
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| Florida Crimes & Laws |
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