DHSMV Hearings
In Florida, if a person is stopped for DUI or DWI, he/she will be asked to take a breath test as part of a roadside field sobriety test. If the person refuses to take the test, or if the persons breath test results are 0.08% or greater, his/her drivers license will be suspended.
The Arrest and License Suspension
After an officer suspends a persons license, the officer will inform the person that:
- His/Her license will be suspended for a temporary period of time. If the person refused to submit to the breath test, he/she will be informed that his/his license will be suspended for one year for the first refusal and up to 18 months for the second refusal.
- His/Her license suspension begins on the date of his/her arrest
- He/She may request an Administrative Hearing with the DHSMV, but must do so within 10 days of his/her arrest.
The 10 Day Rule
After a person is arrested for DUI, he/she only has 10 days from the date of his/her arrest to request an Administrative Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Failure to schedule this hearing will result in automatic license suspension for up to 18 months.
The Administrative Hearing
After a person requests an Administrative Hearing, the DHSMV will schedule a hearing time and date. This hearing must be scheduled within 30 days after the DHSMV receives the drivers request. Once the hearing is scheduled, the driver will be notified of the time and date.
Before the formal hearing, a DHSMV employee will conduct an informal hearing. During the informal hearing, the department employee will review all paperwork submitted by law enforcement regarding the drivers DUI.
At the formal hearing, the department employee will act as a prosecutor and a judge. During this time, the department employee will decide if the arresting officer had probable cause, if the driver was placed under lawful arrest, whether the driver was informed of the consequences for not submitting to a chemical test, and whether the person refused to submit to the test after being told to do so. If the driver refused to submit to the chemical test, he/she may have his/her license suspended for up to a year.
Sarasota & Tampa Florida DUI Attorneys
If you have been charged with DUI in Florida, and your license has been suspended, contact the Law Offices of Finebloom & Haenel immediately. At Finebloom & Haenel, P.A., we have helped countless clients contest the suspension of their drivers license. Our experienced attorneys can help you schedule your meeting with the DHSMV and represent you at your Administrative Hearing. We can also provide you with legal options, help you obtain a hardship license, and protect your individual rights. Our knowledgeable attorneys will make every effort to help you retain your drivers privileges.
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