Florida Lifetime Drivers License Revocation

I received my 4th DUI in Florida and was given a life time drivers license revocation. I have totally turned my life around and am wondering if it would be possible to get a governor's pardon for this revocation. I totally quit drinking 7 years ago and I am heavily involved in helping others who are trying to stop drinking alcohol and using drugs. My offense on the 4th dui was in 1995 when you could get a hardship license but in 1998 Florida changed the law to a lifetime revocation for your fourth DUI. I had not been able to apply for the hardship because I was still going through my wait period to be able to apply for the Hardship License. When the wait time was up, I was told that I had a permanent revocation and couldn't get a hardship. I would think that after 14 years that there would be some way to get at least a hardship license back. I never hurt anyone and was never in a car accident. I simply was going through a bad time in my life and admittingly was out of control but I wasn't one of the situations you hear about where people were killled or injured and the driver either keeps driving illegally or is somehow able to retain or get back their license. Not haveing a drivers license for the past 14 years is certainly a sufficient punishment for my crimes. Does anyone know of a similiar situation where someone was given clemency or a pardon for this type of circumstance? I would appreciate any help that can be provided.

Frankman 007 

Does anyone know if a Florida governor's pardon might be possible for a Lifetime revocation of a drivers license? There was no deaths or injuries in the DUI's. There was a total of 4 with the last being 14 years ago. I have totally quit drinking for the past 7 years and I am heavily involved in working with alcoholics and drug addicts in my community of Tampa, Florida. I have been involved with operating recovery houses for the past 5 years for the rehabilitation of people that suffer from alcohol and drug abuse. I would like to think that after 14 years that there would be something I can do. Last year I took my case to the Supreme Court of Florida to try and get a hardship license based on the fact that I got my 4th dui before the law change that doesn't allow a hardship license after the 4th DUI. I would appreciate any feedback from someone in the know about Governor's Pardons regarding driving privileges in the State of Florida.

No Florida Attorneys follow the boards.  You are going to have to consult local counsel.  No one here can predict if the a pardon from the Governor will get you what you want.  You can keep repeating everything you have done.  The problem is no attorneys from Florida are on the board and we don't know the answer.  Only the Governor Charlie Christ does. You will have to ask for the pardon and then approach the DMV. 

I was 40 when I received my 4th DUI following a divorce and loss of job. Like I said I was admittingly an active alcoholic who now has been totally sober for the past 7 years. I don't see myself going through this problem of drinking and driving again because I no longer drink. If this is where I'll be asked, well what if I started drinking again then I guess you could ask that question of anyone who has stopped drinking if they hadn't made any other changes in their life but that is not the case with me when I have commited my life to helping others who suffer from the same malady that I formally did. Anyone that has stopped doing a specific behavior could have a possibility of repeating the same behavior if they don't go through rigorous transformation. This could apply to overeating or over doing anything. I guess there will always be the people that will say well what if this or what if that, but logic dictates that bad behavior can be terminated if someone wants to change and does see the errors of their ways. Statistics show that harder DUI laws have not necessarily lowered DUI deaths and accidents. Do you sew an overeaters mouth shut to prevent him from consuming too much food? No, you show him a better way to deal with his problem by therapy and education. Do you think that telling someone who is a raging alcoholic that he can't drive again for life? What if he gets drunk and grabs someones keys at a party and goes out and kills someone? So, you see, rehabilitation and education of our youth as to the ills of drinking and driving are the better way to approach this problem, Not hiding the gun thinking that that will be the solutions to societies problem of the drunk driver. Why not make more money for the State of Florida by implementing the use of the Interlock device on cars for a designated period of time at a monthly fee plus community service for someone who has proven that they don't drink anymore, rather than eliminating their ability to drive for the rest of their life. The people who are, like myself, trying to legally get their driving privileges back are to be commended for trying to do it under the current laws. What about the people who are still driving illegally without drivers licenses who are still driving drunk. Wouldn't it be better to have a better handle on this problem and have a monitoring system to watchdog the problem drinker as to whether he is still endangering the lives of other people on the road, not to mention children standing at bus stops. The drunk driver has to be eliminated from driving but what are our laws doing by not allowing people with previous offenses not to ever drive again? Does anyone think that this is putting a dent in our nationwide problem of the drunk driver. If the current laws of lifetime revocation were working then the statistics would be going in a lessening of numbers, not getting higher and higher as they are getting. Lawmakers think that by taking someone's drivers license away for life is a cure for this problem? No, I don't think any reasonably intelligent person could come to that conclusion after viewing the statistics. These laws are a result of a desparate attempt to fix the leaky boat when the cause of the leaky boat is not from the drunk driver so much as it is as how the drunk driver became a drunk driver. Eliminating the original problem with education and better maintenance monitoring for those who can prove they no longer drink is a better solution than just sitting there waiting for the next drunk driver to add to the statstics.    &nbs...

Before you post anymore in support of your getting your hardship license I feel it necessary to alert you to the fact that a good number of the people that do volunteer answering posts here have lost a family member to drunk drivers and will not support a 4 time DUI offender in getting a license back. You can go back and read other threads on this point where it has been debated ad nauseum in the past. 

And God Bless these family members for their loss. I thank God that I wasn't the driver that took their loved one. You state that these people wouldn't support a hardship license for someone who has had 4 dui's. I wonder if they would support a more effective way of dealing with the problem because the deaths are not getting less, which points to the fact that current views and laws of dealing with this national epedemic are not working. Here is a scenario to consider... If someone knew that they could regain their driving privileges if they were willing to change and quit drinking then they could get their privileges back or the other alternative is for them to keep drinking and break the law and their drinking gets worse and worse and then they finally accomplish the unforgiveable by killing someone while illegally driving and drinking? I don't know if I am comfortable knowing that this is going on with alot of drivers out there at the current time. I opt to obey the law and not drive. However, I would much rather know that there was a program that would deal with this situation before a loved family member is taken from us. Can't anyone see that the current laws are not curing anything? They are just driving people further underground to continue to get away with the illegal behavior. Come on, can't you see my point? I am not trying to be rude or calous here in any way. I am just trying to make a point that what is being done just isn't having any positive effect on this horrific problem. I would appreciate everyone's thoughts on this one. Let's stop drunk drivers once and for all. Putting them in prisons and passing out Lifetime drivers license revocations is not doing the job, is it?

frankman007:

I have totally turned my life around and am wondering if it would be possible to get a governor's pardon for this revocation.

First, the law that directly applies here. First, pardons are provided for in Florida under Article IV, section 8 of the state constitution. It provides the following:

SECTION 8.  Clemency.--

(a)  Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.

Second, Florida Statute section 322.28(e) is the permenant suspension of your license for the 4th DUI. It says:

(e)  The court shall permanently revoke the driver's license or driving privilege of a person who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a combination of such sections. The court shall permanently revoke the driver's license or driving privilege of any person who has been convicted of DUI manslaughter in violation of s. 316.193. If the court has not permanently revoked such driver's license or driving privilege within 30 days after imposing sentence, the department shall permanently revoke the driver's license or driving privilege pursuant to this paragraph. No driver's license or driving privilege may be issued or granted to any such person. This paragraph applies only if at least one of the convictions for violation of s. 316.193 or former s. 316.1931 was for a violation that occurred after July 1, 1982. For the purposes of this paragraph, a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is also considered a conviction for violation of s. 316.193. Also, a conviction of driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other similar alcohol-related or drug-related traffic offense outside this state is considered a conviction for the purposes of this paragraph.

Section 316.193 mentioned in the statute is the DUI statute.

Now , here's the legal problem I see. The Florida constitution gives the governor, with the consent of two members of his cabinent, the power to issue pardons, restore civil rights, commute punishment, and remit (lower) fines for offenses. However, your driver's license is a privilege, not a right. Indeed, the civil rights referred to in the state consitution are primarly "the right to vote, the right to serve on a jury, and the right to hold public office.  In addition, restoration of civil rights may allow you to be considered for certain types of employment licenses.  The right to own, possess, or use firearms requires an application and there is a waiting period of eight years from the date sentence expired or supervision terminated." See Commutation FAQs.

So, the issue is whether the lifetime ban on your driver's license is a "punishment" that a governor's pardon/commutation may remove. My take of the Florida statutes suggests that the lifetime ban is an administrative provision, not an additional punishment for the offense, and as a result it seems likely to me that the pardon/commutation cannot undo the ban that prevents the DMV from issuing you a license. I don't practice in Florida, however, nor have I researched any Florida case law that may address this. So I suggest you ask a Florida lawyer who practices in the area of DUI or is familiar with governor's pardons for his/her take on it. But at least you can go in to the meeting with the lawyer with the applicable state constitution and statute in hand, which should make it a little easier to get the answer you need and to understand what the lawyer tells you.

Now for the practical problem. It is very difficult to get a pardon. The bulk of the cases that the state's Office of Executive Clemency (which is where you need to apply) are for restoration of civil rights, which is largely automatic after the full sentence has been served. But full pardons or other kinds of clemency are much more rare. So, even if the pardon or clemency would help you, you'll likely have an uphill fight to get it. That  doesn't mean you shouldn't try (assuming a Florida lawyer tells you it would help you get your license back), just have realistic expectations going into it.

I am a husband and father of five children. I came to Florida back in 1986 after serving my time in the U. S. Army. After a couple of years here I met my wife, whom as of today, I've been married to for the past 20 years. I also decided to attend school to seek a profession in the automotive industry as a technician. I have been doing this profession now for the past 20 years also.

It might be possible to go to Colorado and obtain your drivers license, however you would still not be able to drive in Florida. Colorado is a beautiful state and I'm thinking of doing this myself. Contact me at fmulder30@yahoo.com and I will give you the details. You would be able to drive in every state but Florida. I have family here and would simply visit a couple of times a year to see them here in Florida and would simply not drive while I was here. I have been in contact with an attorney that tells me it would be possible to get a Colorado license even with my Florida Lifetime Revocation.

F. Mulder

813 600-7265 cell 

We caution our posters for safety/privacy reasons about placing personal contact information on an internet site.  If you would like me to remove it, please let me know.

Thanks,

Sharon

Art,

It's small minded people like you who keep the world moving so slowly towards fairness. If I had killed or injured someone that would be one set of circumstances that would need to be strongly looked at but I never got into any accidents nor injured or killed anyone. I was simply pulled over and given the DUI's. One could argue that if I hadn't been pulled over then maybe I could have gone down the road to kill someone but that did not happen. You seem to viciously be attacking my attempt to have a normal life after I have paid my debt to society and have complied with all punishment and probations along with total rehabilitation by not having had a drink in 7 years. For the past 5 years I have operated halfway houses that promote the 12 Steps of Recovery. I am dedicated to my new vocation and I have helped alot of people to get off of Alcohol and Drugs. Are you the kind of individual that relishes punishing someone for the rest of their life? I assume you are. I would like to say this and say it very clearly and that's if you drink, which there is a good chance you at least have an occasional, and if you drive, then there is a very probable possibility that you have driven under the influence of alcohol. You have just gotten away with it. Let it be known that I think drunk drivers need to be caught and punished and quite possibly your day just hasn't come yet. Maybe in a few years you will be on a legal blog asking for guidance and not some kind of rediculous vindictive comment from someone who really doesn't have a clue. People who can prove that they have really changed and successfully rehabilitated themselves should have the opportunity for a review of whether or not they can be trusted to drive safely. I am all for new law change that would catch and treat the drunk driver early on so they can't hurt anyone. There is no evidence that DUI deaths statistics have gone done because of tougher DUI laws of incarceration or lifetime drivers license revocation. A new approach using early education of our youth before they even reach driving age and rigorous education teaching the detriments of drinking and driving. Open your eyes and let evolution occur. The current laws are not working to fight drunk driving. Look at the commercials on T.V. that show how enjoyable a nice cool beer would be to drink. This is what our youth are weaning on. When I went through my formulative years I was never taught how to deal with these situations. By the way, do you know what most people are doing that have lost their licenses from DUI's?? They find illegal ways to continue driving! Unless they quit drinking totally like I have then this is the only remedy. Obviously anyone who has had more than 1 or 2 DUI's has shown that they just might have a problem with alcohol. Therefore, if one can show that they have totally quit with serious proof to back up the claim then I feel that they are even a safer bet to have safely on the road driving than someone who actively drinks but says they don't drink and drive. Why can't we just get serious and honest about this whole thing. I'm sure your a nice guy but I do think you could put a little more thought into your comments. If you are one who has lost a family member or who has been personally injured yourself by a drunk driver then please accept my condolences but please don't hate the drunk driver. The drunk driver is a sick person in need of help and rehabilitation. Some people, not all of course, can change.

Respectfully,

Frankman007

Hello.

This is great to find this blog, I never tought anyone is paying attention to people like myself with 4 DUI's. I was sentenced for 4th DUI in 1993. No help, no matter what and I agree with Art. For me as recovering alcoholic there is no assurance that I won't drink and drive. Today I work on it with the help of my higher power just not to take that drink for today and I have done that for quite long time.

Unforutnately Frankman, you sound very angry, with a lot of entitlment feelings. Your bruhaha halfway houses and recovering others sound like business accomplishments.

I agree with Art. I am the one who knew that drinking and driving is illegal although in my ignorance of laws ( I am political refugee from old communistic regimes of Eastern Europe) it was hard for me to understand my first DUI in 1987 as I told judge "I'm from there, we all drink and drive there". Judge didn't buy it and he was right.

Yes, I would love to see someone I voted for in our govrnment to put new law like let's say breathlizer in my car for 3000.00 or more that will not allow me to operate my car unless I am 100% alcohol free and urine check once a week at local probation office (unscheduled, just on call "come now mister...").

I know that won't happen. Crist doesn't give damm about anything but his political career. I wrote to him and got same answer as anyone else. "we thank you for writing to governor but, we CAN NOT HELP blah, blah"

Yes, I drive and pray that I won't get caught -I was caught once and almost landed in jail for 5 years but, judge did see something prosecutor didn't see in my attitude and gave me house arrest instead.

Obviously this time it won't happen. I will go to jail and I am okay with that knowledge. After all I will be able recoup some of the hundreds of thousands I paid to IRS from my business and will have free room and board. Right?

Well, it is sad to have such a great people and such a lousy corrupt government that won't do anything to help that are already helping themselvs.

Kris