DHSMV Hearings
In Florida, if a person is stopped for DUI, he/she will be asked to take a breath test at the jail after being placed under arrest. Florida law enforcement arrests drivers based upon impairment, with the breath test following the arrest process. 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 an automatic license suspension on the 11th day following your arrest.
Hardship License
When our office represents a client on a DUI charge we will secure the temporary driving permit for you. This temporary driving permit, or business purposes only license, is valid for approximately 42 days and is restricted to work, school, religious affiliation, livelihood, and supermarket shopping. It is not restricted as to time, but as to scope. That means if you are a nurse working the midnight shift, you will be able to drive as long as you are driving to/from work. Driving outside this restiction will result in an additional criminal charge and could result in a 30 day county jail sentence. Keep this permit with you at all times while you have this restriction.
The Administrative Hearing
After we request a Formal Review Hearing, the DHSMV will schedule a hearing time and date. This hearing must be scheduled within 30 days after the DHSMV receives our request. Once the hearing is scheduled, our office will notify the driver of the time and date.
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, Charlotte, Lee, Manatee, Pinellas, Polk, Tampa, and Orlando Florida DUI Attorneys
