When you are arrested for DUI, you are given a 10 day temporary driving permit. Immediately after being arrested for a DUI, you will have to request a hearing with the Florida Department of Highway and Motor Vehicles to contest the administrative license suspension. You have ONLY TEN DAYS after your arrest to request this extremely important hearing. If you wait beyond this 10 day period you will waive your right to the hearing. This hearing will determine whether your driver’s license will be revoked, administratively, and for how long.
There is either an informal or formal administrative license suspension hearing in Florida. With an informal administrative license hearing, the administrator examines evidence from you or the police officer but does not allow witness testimony. With a formal administrative license hearing, you are allowed to present and cross examine witnesses. This is a very part of your early DUI defense as I am able to gather facts relating to your DUI charge early in the case.
If you are under 21 and you are pulled over on suspicion of driving under the influence of alcohol, the officer may detain you, request you complete a breath alcohol level test, and take away your driver’s license. You may be issued a temporary ten (10) day permit to drive. Your license will be suspended for the first breath or blood alcohol level of 0.02 or above for 6 months, the second or successive offenses your driver’s license will be suspended for 1 year. If you refuse to submit to a breath alcohol level test, your license will be suspended for 1 year. For subsequent refusals, your license will be suspended for 18 months. If your breath or blood alcohol level is at or above 0.05, you must complete a substance abuse assessment and class.
There is good reason to bring a lawyer to the review hearing. If the lawyer is representing you in the criminal case, he may discover very useful evidence, facts, and police inconsistencies that could greatly assist with the defense of your DUI case. You need an experienced Florida DUI Administrative Hearing Attorney!