NOTICE: The following contents are for informational purposes only. You should
consult with an attorney prior to taking any action.
DUI charge is a criminal charge, requires your appearance in court, and carries
a host of mandatory penalties if you are convicted. Additionally, your
driver’s license is automatically/administratively suspended as
of the date of your arrest, if you refused to submit to a blood, breath
or urine test or, if you submitted to a blood or breath test and had a
result of .08 or higher.
YOUR DRIVER LICENSE
IMMEDIATE/ADMINISTRATIVE SUSPENSIONS: If you had a breath or blood result of .08 or above, your license was
immediately suspended for a period of 6 months if this is your first violation
or one year if it is your second. If you refused to take a breath/blood/urine
test, your license was automatically suspended for a period of one year
if this is your first violation or 18 months if it is your second. If
you have a CDL, you will incur a one year suspension regardless of whether
you have a .08 or higher or refuse, and a permanent disqualification if
this is your second.
If eligible, the Florida
DUI Uniform Traffic citation serves as a temporary driver license for the
first 10 days of the suspension. After the first ten days, you may be
subject to a “hard suspension” and may not be eligible to
receive any type of a temporary/hardship/business license for a period
of 30 days (.08 or higher) or 90 days (refusal). After the “hard
suspension” is over, you may apply for a hardship/business purpose license.
ACTION TO BE TAKEN
- If you do nothing, the suspension will remain in effect and will appear
on your permanent driving history. Additionally, you will be subject to
the “hard suspension” described above.
- Ask for a Formal Review Hearing. A Formal Review Hearing is your only opportunity
to challenge the validity of the administrative suspension. In order to
take advantage of your right to challenge the Administrative Suspension,
you must act within 10 calendar days to request a Formal Review Hearing.
Once you request a hearing, it must be conducted within 30 days. In the
meantime, you may obtain a hardship/business purpose license for 42 days,
while awaiting the hearing. If we prevail at the hearing, the Administrative
suspension is invalidated, your license is reinstated, and the suspension
is removed from your record. If we do not prevail, you will be subject
to the same “hard suspension” described previously.
- You may waive your rights to contest the suspension. By doing so, you may
immediately obtain a hardship/business purpose license and will not be
subject to the “hard suspension” previously described. This
is a good option for those who do not want to risk going without even
a restricted license for any period of time. The downside is that you
waive the ability to challenge the suspension. To waive a hearing and
obtain a restricted license, you must act within 10 calendar days.
DUI is a criminal charge. If you are convicted of a
DUI, the court MUST impose a host of mandatory penalties. However, you have
the right to a trial and to have an attorney represent you. By preparing
the case for trial, it is possible to gain a pre-trial dismissal of your
case, or an acquittal at trial. Many times, the process of preparing your
case for trial will lead to favorable plea options, such as a reduced
charge of Reckless Driving. Depending on the strengths of your case we
may be able to negotiate away some of the required
DUI penalties normally imposed, such as the driver license suspension. Alternatively,
it is possible that Pre-Trial Diversion may be offered. If so, we will
evaluate whether this option is advisable.