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Breath test refusal and license reinstatement

According to the Florida Legislature, when drivers refuse to submit a breath test after being pulled over in the state, their driver's license is suspended. In Fort Myers, and elsewhere in the state, driving privileges are suspended for one year for those who refuse a breath test for the first time and as many as 18 months for those who have already had their license suspended because they refused a breath test in the past, which can make life very challenging.

On the Florida Highway Safety and Motor Vehicle's website, an overview of the license reinstatement process for those who refused a urine or breath test is provided. First, some drivers may apply for a hardship license after serving 90 days of their license suspension, but others are not eligible (such as those who have refused breath tests twice and commercial vehicle drivers). However, individuals must prove that they are enrolled in a drunk driving school and finish the course no more than 90 days after their license is reinstated.

Even those who don't apply for a hardship license must complete a drunk driving course to have their license reinstated if it was suspended for breath test refusal. To reinstate a driver's license, people in this position must wait until their revocation period expires and prove that they have already completed a drunk driving course or are enrolled in a drunk driving course. Furthermore, people must finish the course in 90 days or less and seek treatment if they have been required to do so.

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