As a Florida driver, surely, you’re well-aware of the fact that a
driving under the influence (DUI) of alcohol or drugs, or both, can lead to a driver license revocation.
For example, a first DUI conviction is punishable by 180 days to one year
driver license revocation under the Florida Statutes.
Aside from driving under the influence of drugs or alcohol, are there other
criminal offenses that could lead to a driver license suspension or revocation?
We’re not talking about having too many points on your driving record
because of speeding or driving without automobile insurance, we’re
specifically asking about other
criminal offenses. Yes, there are another group of crimes in particular, aside from a DUI,
that can lead to a license revocation –
Can I Lose My License for Drug Possession?
Section 322.055 of the Florida Statutes it states, “upon the conviction of a person
18 years of age or older for
possession or sale of,
trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance,
the court shall direct the department to revoke the driver license or
driving privilege of the person.”
But, how long will such a person’s driver license be revoked? Under
Sec. 322.055(1), the offender’s driver license will be
revoked for one year, or until he or she has been evaluated and if it is deemed necessary, until
the offender successfully completes an approved drug treatment and rehabilitation
program that is deemed acceptable by the Department of Children and Families.
“I can’t afford to lose my driver license for one year, especially
for a minor
marijuana charge. Is there any way the court will let me drive to and from work?”
Under Sec. 322.055(1), the court does have discretion to allow an offender
to receive a license that is restricted to driving for employment or business
purposes only, but not for another reason, providing the individual is
“otherwise qualified for such a license.”
If a person’s driver license has been suspended under Sec. 322.055
because he or she was convicted of a drug-related offense, once six months
has passed, the individual may petition for a restricted or unrestricted
license depending on how long their license was revoked for. Under Sec.
322.055(1), there is no way that an offender can obtain a restricted license
sooner than six months from the start of the revocation or suspension.
In other words, if you’re convicted of a drug offense and your driver
license is revoked or suspended as a result, you have to wait six months
before you can apply for a restricted license.
Driving Privilege Restricted to Business or Employment
Suppose you are convicted of a drug offense and your license is subsequently
revoked. If your application for a restricted license is granted, where
are you legally allowed to drive? Under
Section 322.271 of the Florida Statutes, it explains that when a driving privilege is
restricted to business purposes only, it “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.” What
about the term, “restricted for employment purposes”?
The term “restricted for employment purposes” means the individual’s
driving is restricted to driving to and from work, and any driving that
is necessary for the person’s job or occupation. So, the first example,
“driving for business purposes” has a little more flexibility.
Under that definition, the individual can drive to and from work, but
they can also drive for educational purposes, they can drive to the doctor
or hospital, and they can even drive to church.
Are you facing drug-related charges in Tampa? If so, you’re facing
the possibility of fines, imprisonment and driver license revocation.
To speak with a
Tampa drug possession attorney, who’s also a former
Hillsborough County prosecutor,
contact us today!