Can I get a hardship license if I refuse to a breathalyzer test?

I got arrested in NH for DWI. I refused a breath test and NH suspended my license. But I have a FL license and I know NH will inform FL about it. I haven’t been convicted yet but after the trial I plan on moving back to FL. I’m hoping I will be able to get a hardship license in FL. Also, if I’m not convicted will FL even find out?

Asked on December 1, 2011 under Criminal Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In some circumstances a person who has a suspended license per a court or administrative decree may be able to get a restricted license to drive to and from work in certain circumstances.

With respect to your New Hampshire arrest for driving under the influence of alcohol or a controlled substance, assuming you are convicted or plea out to the offense, I would request the court to allow you a restricted license to and from work. If you do not have an attorney representing you in the current criminal matter, you should consider retaining one.

If the New Hampshire court grants you a restricted driver's license in the end, perhaps Florida's Department of Motor Vehicles will also do the same.

If you are not convicted or plea out to the charge, most likely Florida's Department of Motor Vehicles will not be aware of the presumed automatic suspension of your driver's license in New Hampshire for refusing the breathalyzer test.

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