Driving is a fundamental part of a person’s daily activities whether it’s commuting to work, shopping at the local grocery store or taking one’s children to school. Few people stop to consider how they would function if they were suddenly unable to drive. Unfortunately, a driver who is arrested for a Florida DUI has a significant chance to have their driving privileges suspended for at least some period of time. The length of time that you may be without you driving privileges depends on the specific circumstances of your situation as well as how the case is handled. An experienced Florida DUI attorney may be able to preserve your driving privileges or at least delay the suspension of your driving privileges.
Florida’s implied consent law provides that any person who accepts the privilege of operating a motor vehicle within the state has agreed to consent to submit to approved blood alcohol testing. These tests may include breath, blood or urine testing for the purpose of determining a driver’s blood alcohol content if a person is lawfully arrested for driving under the influence of alcohol. If you refuse to submit to a breath, blood or urine test, Florida DUI law requires that your license be suspended for one year from the date of arrest for the first offense and 18 months for any consecutive offenses.
The first 10 days after your arrest are critical to preserving your driving privileges because you only have 10 days to file a request for a review of your administrative suspension. An experienced Florida DUI defense attorney can file for and represent you at the administrative hearing challenging your license suspension. If you fail to file for an administrative review, your license will by suspended automatically on midnight of the 10th day after your arrest. At that point, your driving privileges will be suspended. You may be eligible for a 42 day temporary permit. An experienced Florida DUI attorney will submit an application to the DMV requesting a temporary driving permit be issued to you along with a request for a formal DMV review hearing.
The formal DMV review hearing is important for two reasons. First, if you prevail at the hearing, you will be able to have your driving privileges reinstated pending a resolution of your DUI case in criminal court. Second, an experienced Florida DUI lawyer will have a chance to preview the evidence against you including cross-examining the arresting officer, reviewing the police report for potential legal and factual issues and analyzing any field sobriety and chemical testing results. It is important to have an experienced Florida DUI attorney represent you at the administrative hearing because it will ensure that timing and procedural requirements are met and provide an excellent opportunity to build a defense strategy for your Florida DUI criminal case.
If you do not prevail at the DMV administrative hearing, you may still apply for a hardship license, which will allow you to drive to and from work. If you submitted to blood alcohol testing, you will not be permitted to drive for any reason for thirty days. If you refused to submit to chemical testing, the period of time during which you will not be permitted to drive for any reason is ninety days. You should make sure you have completed DUI school and bring the Certificate of Completion with you to the Hardship hearing.
Regardless of whether you refused to submit to blood alcohol testing or agreed to such testing and failed, an experienced Florida DUI defense attorney may be able to preserve your driving privileges. Your DUI attorney may argue that the police officer did not make a lawful stop or arrest or committed other substantive or procedural errors. The best way to protect your driving privileges is to seek legal advice from a knowledgeable Florida DUI defense attorney.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
