When faced with driver’s license suspension after a DUI arrest, it is important to understand your rights. The fact is that many people don’t realize they have important legal rights and strict deadlines that can significantly impact their ability to drive. Understanding those rights is the first step toward protecting your future.
Here are a few things to know when faced with license suspension:
- Immediate Suspension: In Florida, DUI laws are governed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). What that means is that after a DUI arrest, your license may be administratively suspended—even before any criminal conviction. If you refuse a breath, blood, or urine test, or if you blow .08 or higher, the officer can issue an immediate suspension.
- Formal Review Hearing: You only have 10 days from the arrest date to obtain a formal review hearing. This hearing gives you the opportunity to dispute the license suspension and potentially receive a hardship license.
- Suspension Lengths: For a first-time DUI with a breath test above .08, the administrative suspension is usually six months. A refusal can lead to a one-year suspension. Repeat offenders face longer suspensions. If you are convicted, the court may impose extra fines that extend the suspension time.
- Hardship Licenses: This restricted license permits you to drive for necessary purposes such as employment, education, or medical appointments. Enrollment in DUI school and passing certain statutory requirements are common prerequisites for eligibility.
- Legal Representation Is Key: Because DUI license suspension involves both administrative and criminal proceedings, having professional legal representation is essential. An attorney might request a formal review hearing to investigate whether the traffic stop was lawful and contest the evidence against you.
Contact me today at the Law Offices of David Mengers if you’re facing license suspension.