By Erin Gerstenzang

FLORIDA (850) 487-4303
Bureau of Records
P.O. Box 5775
Tallahassee, FL 32314-5775

If your client wins an ALS hearing in Georgia, how do you get your client’s Florida license back?

The Florida DHSMV will require that he present a certified order of the administrative decision and allow him to get a duplicate license OR if you can get Georgia DDS to send the order to the DHSMV, he will get his suspension cleared and be able to get a duplicate license.

If your client wants to avoid physically appearing in Florida to retrieve a duplicate license, he can get one issued online. Have him go to click on “On Line Services” and then click on License and ID Card renewal, for information on how to do this once his suspension has been cleared.

If your client loses an ALS hearing (first offense) where he took the breath test what will Florida do?
Florida will recognize the Georgia suspension if it gets reported to them. They will suspend him for 6 months, 30 days of which he will not be permitted to drive at all, after which he may be able to get a hardship license.  Prior to being able to get the hardship license he will have to take and complete a Level 1 DUI School.

If your client loses an ALS Refusal hearing (first offense), what will Florida do if it is reported?
His license will be suspended for 1 year, with 90 days of no driving prior to getting a hardship permit. He will still have to take the DUI Level 1 School prior to getting his hardship license. If he signs up for the class prior to being adjudicated in court, his enrollment will be sufficient for a hardship license. After the case is adjudicated, he must complete the course prior to getting the hardship license.

If your client has either a prior refusal (with the current one making it his second) or if he has 2 prior DUI (or equivalent) convictions on his record that Florida knows about, he is not eligible for a hardship license during any portion of the suspension period.

If your client applies for a hardship license or license reinstatement, he will be asked, under oath, about his driving record and prior convictions.

False answers may result in felony fraud charges.

Upon a conviction of Reckless Driving, Florida should not take any action against the licensee.

Keep in mind that even if your client gets a Georgia license post-arrest but prior to conviction, there is a chance that Florida may still suspend once they receive word of the conviction. Make sure the court (where the case is being adjudicated) has the new Georgia license information at the time of conviction so that it reduces the likelihood that Florida will be notified of it (otherwise the court clerk may use the license information recorded on the original ticket).

DISCLAIMER: The author is licensed to practice law only in the states of New York and Georgia. All information regarding state-specific action against licensees is based upon research and emails and conversations with other attorneys from various states. Further, the information provided below describes what may happen to a licensee of the home state if convicted in that same state (unless otherwise specified).

The information included in these materials is intended as a quick reference and a starting point for accessing the appropriate information applicable to your client’s license.