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A drug offense could affect your freedom and future, but did you know it could also affect your driving privileges? In Florida, if you’ve been convicted of a drug offense and you’re a licensed driver in Florida, your license will automatically be revoked by the Florida Highway and Safety and Motor Vehicles Department (FLHSMV). That includes possession, possession with intent, trafficking, conspiracy to sell, possess, or traffic a controlled substance, among other crimes.
Thankfully, the court does recognize how hard it can be to navigate the state without a vehicle. That is why they offer hardship licenses if you are eligible and you may even be able to bypass the suspension if you complete a court ordered drug treatment program. To learn more about your legal options, we highly encourage you to contact an experienced criminal defense attorney in Gainesville, FL.
Depending on the circumstances of the drug crime, your license could be suspended for up to two years. Fight back and preserve your right to drive by calling the experienced Gainesville drug crime lawyers at Galigani Law Firm. Our legal team has spent years defending clients charged with drug crimes including possession, possession with intent, trafficking, etc. We can use our resources and skills to not only craft an impenetrable defense for your charges but fight the FLHSMV’s administration suspension as well.
Call Galigani Law Firm today at (352) 375-0812 to set up your first consultation free of charge. Galigani Law Firm is located in Gainesville, Florida, but we accept clients throughout all parts of Alachua County including Alachua, Newberry, High Springs, Waldo, Archer, and Hawthorne.
The federal government encouraged states in 1992 to implement driver license suspensions/revocations for drug offenders by adding new amendments to the Federal Highway Apportionment Act. What the amendment did was withhold a portion of the annual federal highway funds from states who failed to pass a law that suspended/revoked licenses for convicted drug offenders. According to the Act, drug offenders must have their license suspended or revoked for at least 6 months.
Governors do have avenues to pursue an exception to the Act’s rules, but Florida did not seek it. Instead, the state enhanced the revocation for a drug conviction to two years instead of six months. Under Florida Statutes Section 322.055 it states an automatic suspension will be imposed on any person convicted of a drug-related offense. It doesn’t matter if a vehicle was involved during the crime; the only element that must be fulfilled is that the offender was convicted of a drug crime.
The following crimes will result in an automatic license revocation by DHSMV.
Florida legislators recognize how difficult it can be to live in Florida without a car, especially if you have dependents who rely on your income. That is why the law allows drug offenders to seek out a hardship license, which is a type of restricted driver’s license. If you have a hardship license, you’ll be legally permitted to drive for “employment purposes” or for “business purposes only.”
You can seek a hardship license after the first 6 months of your suspension has passed. All you will have to do is petition DHSMV for restoration of your driving privileges via a restricted license. Once you’ve driven with a hardship license for six months, you’ll be eligible to apply for reinstatement with the DHSMV. You may need to undergo a drug treatment program if you want to be fully eligible for reinstatement.
Once the revocation period has expired, you’ll be able to reinstate your license. All you will have to do is pay a reinstatement fee of at least $75 as well as any other applicable fees to the Florida driver’s license service center. In some cases, you may have to complete a drug treatment program to reinstate your license.
A drug conviction isn’t the cause for a license revocation. Listed below are a few other reasons why DHSMV may have revoked your driver’s license.
How to Reinstate Your License After a Drug Related Offense – Visit the official website for the Florida Highway Safety and Motor Vehicles (DHSMV) to learn more about how you can get your license reinstated after a drug conviction. Access the site to learn how you can check the status of your license online, the fees for reinstatement, and information about hardship licenses.
License Suspension after Drug Offense | Florida Statutes – Visit the official website for the Florida Statutes to learn more about revocations/suspensions after a drug conviction. Access the site to learn more about the eligibility for hardship licenses, how long your suspension may be, and exceptions to the rule.
If you or someone you know has had their license suspended after a drug conviction, call the attorneys at Galigani Law Firm today. We have helped numerous people get control of their license again after a drug conviction using our extensive skills and resources. Contact us today to learn your legal options and take the first step to getting your license back.
Call Galigani Law Firm today at (352) 375-0812 for your first consultation free of charge.
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