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What is the scope of the BPO Hardship License?
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Steps to Obtain a BPO/Hardship License After DUI Conviction
Steps to Obtain a BPO/Hardship License After DUI Conviction 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Here is what you need to know to obtain a BPO license after your DUI plea in Central Florida.

Step 1: Enroll in a DUI School:

You must enroll and COMPLETE DUI school, choose Level 1 (for first-time offenders) and Level 2 (for those with previous offenses).

  • Orange, Osceola, Seminole, and Brevard Counties: Enroll here
  • Lake County: Enroll here
  • Volusia County: Enroll here
  • For Other Counties: to find a DUI school in your county, click here.
  • Required Documentation: Be prepared with necessary documents.

Step 2: Apply for BPO Hardship License:

  • Complete the DMV’s waiver form, available in this application form
  • Mail application along with the following required documents:
    • Judgment / Final Disposition (paperwork from court),
    • $12.00 filing fee, (money order or cashier’s check)
    • DUI citation,
    • Arrest affidavit, and
    • DUI school completion certificate.

We suggest mailing your application to the following address for efficient processing: Orlando Office, 4101 Clarcona-Ocoee Rd, Suite 152, Orlando, FL 32810.

Step 3: Application Processing:

Wait for the DHSMV to process your application, which can take 2-4 weeks. You’ll be notified via phone or email.

Step 4: License Pickup:

Once approved, visit the nearest DHSMV office to pick up your license. A reinstatement fee of $206.25 will apply. Schedule your visit here.

What is the scope of the BPO Hardship License?

What is the scope of the BPO Hardship License?

The BPO Hardship License permits driving strictly for business-related activities, which includes commuting to and from work, tasks during work hours, attending medical appointments, grocery shopping, participating in school-related functions, and attending church services. It is important to note that the BPO cannot be used for CDL (Commercial Driver’s License) operations.

Insurance Requirements: Provide proof of liability insurance on the date of arrest and current coverage. You will need to get SR-22 insurance when notified by the DMV. Click on this link to shop for the best rates.

We understand this is a challenging time, and we’re here to assist you every step of the way. If you need further help, please call our office at (407) 476-4111.

Steps to Obtain a BPO Hardship License Following DMV Hearing in Central Florida
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Steps to Obtain a BPO Hardship License Following DMV Hearing in Central Florida
Steps to Obtain a BPO Hardship License Following DMV Hearing in Central Florida 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Only 5 percent of drivers win their DMV hearings. If you are not successful, please follow these steps to get your hardship/BPO license.

Step 1: Wait Out your Time Period of No Driving

Eligibility for a Business Purpose Only (BPO) Hardship License

  • Blow Above .08: Eligible for BPO 30 days after your temporary license expires.
  • First Refusal: Eligible for BPO 90 days after your temporary license expires.
  • Second or Subsequent DUI Refusal: 18-month suspension with no BPO or hardship license option.

Step 2: Enroll in a DUI School:

Choose the appropriate DUI course based on your offense. Options include Level 1 (for first-time offenders) and Level 2 (for those with previous offenses).

For Residents of Specific Counties:

Required Documentation: Be prepared with the necessary documents.

Step 3: Fill Out Waiver Form to Apply for Hardship BPO license:

To apply for BPO license, use this DMV waiver application form and include the following:

  • $12.00 filing fee,
  • DUI citation,
  • Arrest affidavit, and
  • proof of DUI class enrollment.

Application Processing: Wait for the DHSMV to process your application, which can take 2-4 weeks. You’ll be notified via phone or email.

License Pickup: Once approved, visit the nearest DHSMV office to pick up your license. A reinstatement fee of $206.25 will apply. Schedule your visit here.

What is the scope of the BPO Hardship License?: The BPO Hardship License permits driving strictly for business-related activities, which includes commuting to and from work, tasks during work hours, attending medical appointments, grocery shopping, participating in school-related functions, and attending church services. It is important to note that the BPO cannot be used for CDL (Commercial Driver’s License) operations.

Important: You must complete the DUI school within 90 days of receiving the hardship license, or it will be canceled.

Insurance Requirements: Provide proof of liability insurance on the date of arrest and current coverage.

List of Required Documents for DUI School Enrollment:

List of Required Documents for DUI School Enrollment:

  1. Photo ID: A valid state ID, passport, school ID, or booking photo with your picture, name, and address. If no address is on the ID, supplement it with proof of employment, residence, or school attendance in Orange, Osceola, Brevard, or Seminole County.
  2. Residency Proof: If your address is not in Orange, Osceola, Brevard, or Seminole County, provide proof of employment, residence, or school attendance in one of these counties.
  3. DUI Citation: A legible copy is acceptable. Do not use the Arrest Affidavit as a substitute. If under 21 with a BAL of .05 or higher, also provide the Notice of Suspension.
  4. Arrest Reports: A legible copy of either the Arrest Affidavit, Charging Affidavit, Police Arrest Report, or Traffic Crash Report. Include a full narrative of the incident. Not required for under-21 clients with a BAL of .05 or higher.
  5. Test Results: Include breath, blood, or urine test results or refusal details, usually available in the Arrest Report. If tested in a lab, obtain the final results.
  6. Court Documents: Required only if you have a Pre-Trial Diversion Contract or a final court disposition. Not applicable for under-21 clients with a BAL of .05 or higher.
  7. Out-of-State/Old Incidents: If documents are unavailable, provide verification from the court or police department covering as many incident details as possible.
  8. Driving Record:
    • Florida Residents: Pay $15 during your evaluation for a record, or bring your own recent (within 15 days) lifetime driving record.
    • Out-of-State: Provide your lifetime driving record, less than 30 days old.

Note: In some cases, both Florida and out-of-state driving records may be needed.

If you need assistance from expert DUI lawyers, call us at (407) 476-4111. We’re here to help!

How to Start, Draft, and File a Petition for a Writ of Certiorari - Leppard Law
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How to Start, Draft, and File a Petition for a Writ of Certiorari
How to Start, Draft, and File a Petition for a Writ of Certiorari 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

HOW TO BEGIN

If you want to appeal, you will have 30 days after the Hearing Officer’s final order is issued to file a certiorari petition. Fla. R. App. P. 9.100(c), 9.190(b)(3). This deadline is jurisdictional and heavily enforced.

The deadline applies even if the Department is late in giving you the final order or other documents you would need to complete the petition. In that case, you still need to file the petition within the 30-day deadline, even if only a barebones one, and you can ask for leave to amend the petition and appendix in the near future (which should be granted with little trouble).

Once you know you’re appealing, you need to gather the following:

The Hearing Officer’s final order.

The audio recording of the hearing. (Contact the Hearing Officer for the recording. If the hearing was held on multiple days, get the recordings for each day).

Any documents presented at the hearing. (Hopefully you already have these in the form of the Department’s discovery, along with any evidence you may have introduced for your client.)

If you can’t get everything for some reason, you may exclude it from the appendix if it isn’t relevant (except for the final order), as the appellate rules only require you to include what is necessary to resolve the issues presented. See Fla. R. App. P. 9.220. For example, we usually don’t include the client’s driving record because the Department doesn’t provide it to us and it’s irrelevant—but if it becomes relevant, then of course you should obtain and include it.

This next step is important: Get the hearing audio officially transcribed as soon as possible. The transcript is usually essential, and it can take as long as a couple weeks to be completed, and then you have to incorporate it into the petition—all before the 30-day deadline. For transcription, we generally use Marge Raeder Court Reporting at margeraedercourtreporting@gmail.com.

PREPARING THE APPENDIX

The appendix is required and governed by Florida Rule of Appellate Procedure 9.220. You will file the appendix with the certiorari petition. Do the following to create an appendix that complies with the rule:

Make an appendix cover, which includes a caption (court heading), an index of the appendix’s contents, and a certificate of service. This cover will be the beginning of the appendix itself.

Compile the Hearing Officer’s final order, the documents introduced at the hearing, the hearing transcript, and any other documents you choose to include into a single PDF. The documents must be arranged in accordance with how your index orders them. Also, make sure that every page is 11 x 8.5 inches, or the eFiling Portal won’t accept it.

Insert the appendix cover at the beginning of the PDF. Then have the pages numbered. Make sure that “the page numbers displayed by the PDF reader exactly match the pagination of the index,” as Rule 9.220(c)(2) puts it.

Note that you may choose to start drafting the petition before the appendix is completed (owing to the strict deadline), but you won’t be able to finalize the petition until the appendix is completed because your factual and procedural assertions must cite the appendix and be accurate.

WRITING THE PETITION

Petitions invoking the original jurisdiction of appellate courts (including certiorari petitions) are technically different from appeals and are governed by different rules. Florida Rules of Appellate Procedure 9.100(g) and (l) govern these petitions. Here are their requirements:

Both the main text and the footnotes of the petition must be in either Arial 14-point font or Bookman Old Style 14-point font.

The text (except for the headings) must be double-spaced.

The petition must include a caption (court heading) and describe 1) the basis for the court’s jurisdiction, 2) a statement of facts, 3) the nature of the relief sought, and 4) supporting argument and legal citations. While not technically required, you should also include a table of contents, a table of citations, and perhaps a summary of argument as in regular appellate briefs. See Fla. R. App. P. 9.210.

You now have to choose which court you’re filing the petition in (considering it will be reflected in the caption and jurisdictional statement). The petition can be heard by the circuit court in either the county wherein the client resides or the county where the hearing was held. § 322.2615(13), Fla. Stat. E.g., if the client was stopped and arrested in Lake County, the client lives in Polk County, and the hearing was held in Orange County, you must file in either Polk or Orange County.

Once you’ve written everything except for the table of contents and table of citations, you will need to place a certificate of compliance immediately after the certificate of service. Florida Rule of Appellate Procedure 9.100(l) requires this certificate, which must certify that the petition complies with the font requirements of the rule by being double-spaced and in Arial 14-point font or Bookman Old Style 14-point font. Once this certificate is included and you’re done revising the petition, you’re ready to finalize the table of contents and table of citations.

Here are some last things to note while writing the petition:

You are technically not making an appeal, but filing a petition to invoke the original jurisdiction of the court to issue a writ of certiorari.

The client was not the “defendant” at the hearing, but the “licensee” or the “driver” (choose one and stick with it).

Since this is a petition and not an appeal, your client and the Department are not the “appellant” and the “appellee”; instead, they are the “petitioner” and the “respondent.”

HOW TO FILE THE PETITION (WITH PICTURES)

These are the instructions for filing in Orange County, but it could differ in other counties.
In the eFiling portal, navigate to the E-Filing Map and click “Case Initiation,” select the county you’re filing in, and click on “File Now.”

You should now be on the “Case Information” tab with some drop-downs to fill out:

How to Do Writs - Step 1 Example

For Division, select “Circuit Civil”

For Case Type, select “Specialized Other”

For Sub Type, select “Certiorari”

Don’t select anything for Total Number of Defendants or Summons to be issued

For Proceeding Type of Case, select “Circuit Civil – Not Applicable”

For Complex Business Indicator, select “No”

For Remedies Sought, check “Non-monetary, declaratory or injunctive relief”

For Number of Causes of Action, Enter “1”

For Class Action, select “No”

For Related Cases Filed, usually select “No” (unless you’re trying to consolidate the petition with others)

For Jury Trial Demanded, select “No”

Now proceed to the Case Parties tab:

How to Do Writs - Step 2

When adding your client as a party, select “Plaintiff” for the Role and mark off both checkboxes for Primary Party and Filed On Behalf of, then enter the client’s information.

When adding the Department as a party, select “Defendant” for the Role and mark off only the checkbox for Primary Party, then enter the Department’s information: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, Tallahassee, FL 32399.

Proceed to the “Documents” tab, and you’ll see that a civil cover sheet has been autogenerated for you. This is where you submit the petition and appendix (and other documents if applicable, such as a motion to consolidate or a motion for attorney’s fees and costs).

Proceed to the “ServiceList” tab. Serve the Department at Office of General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, Tallahassee, FL 32399, at OGCFiling@flhsmv.gov.

After that, you just have to pay the $400 filing fee, review your submissions, and file.

WHAT HAPPENS ONCE THE INITIAL PETITION IS FILED

Unlike with regular appeals, filing a petition will not automatically set a briefing schedule. Instead, you must wait until the court determines whether the petition presents a “preliminary basis for relief”; if it does, the court will then issue an order to show cause, directing the Department to file a response and allowing you to file a reply. See Fla. R. App. P. 9.100(h).

The court will generally require the response to be filed within 30 days of the order to show cause and the reply to be filed within 30 days after the response is filed. Note that the petition, response, and reply correspond with the initial brief, answer brief, and reply brief in regular appeals.

Finally, you should file a request for oral argument to get the full attention of the court. The deadline to file such a request is 15 days after the deadline to file the reply. Fla. R. App. P. 9.320(b).

Important: The request for oral argument must be filed as a separate document. Fla. R. App. P. 9.320. If you try to request oral argument in your petition or reply, the request may be disregarded as invalid.

Criminal Process Chart
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Criminal Process Chart (Free Download)
Criminal Process Chart (Free Download) 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Here are the various processes involved in a criminal case, including the steps, whether or not to move forward with a motion to suppress, as well as what to expect at your plea hearing and your trial. Want to download a free copy of the official Criminal Process Chart PDF from Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC? No problem — click here!

Table of Contents

• Steps in a Florida Criminal Case

• Should I Move Forward with a Motion to Suppress?

• The Motion to Suppress Hearing

• What To Expect at Your Plea Hearing

• Trial

Steps In A Florida Criminal Case

ARREST / NOTICE TO APPEAR

This marks the beginning of your criminal case. If an officer has probable cause to believe you have committed a crime, he can make an arrest and file the case with the Clerk of Court.

Sometimes an officer may give you a Notice to Appear in lieu of an arrest, which informs you that you are being charged with a crime and sets a court date.

Arraignment (Usually Waived)

At arraignment, your charges are formally read to you and you must enter a plea of guilty, not guilty, or no contest. We will usually waive arraignment and simply file a written plea of not guilty.

This means that your arraignment is cancelled and you don’t need to attend.

DISCOVERY

At the beginning of your case we will file a notice of appearance and demand for discovery (evidence known to the prosecutor), which the prosecutor is required by law to disclose. The prosecutor must also disclose any evidence that could help establish your innocence.

It can take up to several months to receive all the discovery from the prosecutor and often times extends over several pretrial conferences.

PRETRIAL CONFERENCES

Between the beginning of the case and its resolution are pretrial conferences, where your attorney, the prosecutor, and the judge will discuss your case status.

MOTIONS

As the case progresses, we will file motions to prepare your case and sometimes pressure the prosecutor to drop your case. A motion simply asks the judge to make a decision or take a certain action on your case.

Here are some examples of motions:

  • A motion to suppress will try to get evidence thrown out if it is the product of an illegal search, seizure, or confession.
  • A motion to dismiss tries to get the case dropped because you cannot be prosecuted: e.g., the prosecutor does not have enough evidence to prove you committed a crime, you were granted immunity, or double jeopardy applies.
  • A motion to compel asks the judge to order the prosecutor to turn over any outstanding discovery.

PLEA DEAL

There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.

TRIAL

As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.

PLEA DEAL

There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.

OR…

TRIAL

As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.

Should I Move forward with a Motion to Suppress?

RISKS & REWARDS TO CONSIDER

If the motion to suppress is granted, you can have your entire case dismissed or receive a better plea offer. Even if all of the prosecutor’s evidence isn’t thrown out, the prosecutor may offer a better plea deal after the motion is heard. But it cuts both ways: If the court denies the motion, the prosecutor could also revoke the plea offer or add more sanctions.

The Motion to Suppress Hearing

WHAT YOU NEED TO KNOW

The point of the motion to suppress is to throw out any evidence that was obtained as a result of a violation of your constitutional rights. At the hearing, we and the prosecutor will present evidence and argue whether the officers violated your rights. The judge will then issue an order throwing out all, some, or none of the evidence.

WHAT IS THE HEARING ABOUT?

A motion to suppress tries to have evidence thrown out that police obtained in violation of your constitutional rights. For example, the motion may challenge evidence or statements you made that are the product of an illegal traffic stop or illegal questioning.

The point of a hearing on a motion to suppress is not to see whether you are guilty, but to determine whether the police violated your constitutional rights—the focus is on what the officers did, not what you did. The judge will then decide whether the prosecutor will be allowed to show the evidence to the jury.

EVIDENCE IS PRESENTED

At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.

ARGUMENT

Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.

RULING

The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.

The ultimate ruling can take one of several different forms:

  • The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
  • If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
  • The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.

EVIDENCE IS PRESENTED

At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.

ARGUMENT

Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.

RULING

The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.

The ultimate ruling can take one of several different forms:

  • The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
  • If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
  • The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.

What To Expect At Your Plea Hearing

BEFORE THE PLEA

  • When you show up to court for your plea hearing, be sure to dress nicely to make a good impression on the judge.
  • Once we’re in court, we usually have to wait in line while the judge goes through a list of cases.
  • Once your case is called up, you and your attorney will walk up and tell the judge that you are pleaing and what the agreed-upon conditions are.

THE PLEA HEARING

The judge will then ask a series of questions to make sure you understand the consequences of your plea. You can see a list of questions the judge may ask in the next section below.

QUESTIONS THE JUDGE MAY ASK

  • Do you understand the minimum and maximum penalties of your charges?
  • Has anyone forced you or promised you anything (other than the plea offer) to get you to enter this plea?
  • Are you under the influence of alcohol, drugs, or medication?
  • Are you satisfied with your representation by your lawyer?
  • Do you understand that you are giving up certain rights by entering this plea, including the right to remain silent, the right to confront your accusers, the right to present witnesses on your behalf, and the right to a trial by a jury of your peers?

You don’t have to worry about the judge asking questions about the case, as that almost never happens. The judge is more concerned with making sure you understand what you are pleaing to.

AFTER THE PLEA

Once the judge accepts your plea, we will wait for paperwork. If you are put on probation, you will have to take your paperwork to the probation office to check in, which usually must be done on the same day as the plea. We will go over this and any other consequences of your plea in detail after the plea hearing.

Trial

JURY SELECTION

The first step of trial is choosing who will serve on the jury. During jury selection, we question potential jurors and try to remove jurors who would be bad for your case.

OPENING STATEMENTS

Trial will begin once your jury is selected, starting with opening statements. This gives us a chance to explain to the jury what we think the evidence will show.

RULING

Once opening statements are completed, the prosecutor will be the first to present evidence by questioning witnesses and showing pictures or videos that were taken in your case.

DEFENSE CASE-IN-CHIEF

Once the prosecutor has finished presenting evidence, we can present evidence for your side. This isn’t required, and sometimes it’s beneficial not to put on a case—for example, when the prosecutor’s evidence fails to prove that you are guilty.

MOTIONS

Once each side’s evidence is presented, we can make certain motions to the judge, which asks the judge to take a certain action on the case. We will typically make a motion for a judgment of acquittal, which argues that even if the jury believes all of the prosecutor’s evidence, it still doesn’t prove that you committed the charged crimes. We might also make a motion for mistrial if you didn’t get a fair trial.

CLOSING ARGUMENT

If the judge decides to send the case to the jury, each side will make closing arguments. This allows us and the prosecutor to summarize the evidence and argue whether it proves that you are guilty.

VERDICT

The judge will then tell the jury the process for reaching a verdict, and the jury will finally be sent to a separate room to deliberate and decide whether the State has proved that you committed the charged crime.

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