If you have been involved in an arrest related to driving under the influence (DUI), you have probably experienced the terrible feeling of uncertainty, not knowing if your driving privileges would be revoked due to one mistake or miscalculation. If you were stopped by the police and arrested for DUI, you will need to speak with a Miami DUI lawyer immediately about your rights regarding your driving privileges.
At Jonathan Blecher, P.A., we have more than 30 years of legal experience and can represent you at a hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) to ensure that your driving privileges are protected!
For an FAQ and Legal Guide, get informed here.
Florida law recently changed the procedures for formal review hearings after a DUI arrest. A driver who has been arrested for a DUI offense must report to the DHSMV within 10 days of the arrest to request a Formal Review Hearing to challenge a driver's license suspension. Drivers can also choose to waive the hearing and move directly to a review for eligibility for a restricted license.
If you do not request an administrative hearing with the DHSMV within 10 calendar days, your driving privileges will be automatically suspended for a period ranging from 180 days, or a year for a refusal to submit to a breath test, if this is your first drunk driving offense. The process for the DHSMV hearing begins after the arresting officer takes your driver's license and issues you a temporary permit. Police notify the DHSMV of your arrest and your temporary permit.
When you are arrested for DUI, you must face two different cases—one involving the criminal court where you must combat DUI-related charges, and one involving the DHSMV where you must fight to have your driving privileges reinstated.
For those who are commercial drivers, I know how important it is to your livelihood to preserve your driving privileges. Because your income and your family depend on your ability to drive, you can trust your DUI defense matter to my firm. My firm has been able to secure satisfactory results even in the most complex and challenging cases. Even if you think there is no hope or no legal solution to your DUI case, I have been able to attain successful results in cases involving automobile accidents with police cars, excessive points, high breath test results, and drug possession charges.
The State of Florida allows you to request an informal or formal DHMSV hearing. An informal hearing is conducted by one of the hearing officers from the department and involves said officer reviewing all materials presented relating to your case. Witnesses are not needed during this type of hearing and the arresting officer does not need to be present. The department is required to send their decision regarding your hearing within 21 days of your temporary driver's license expiration date.
If you request a formal hearing, the hearing officer will study all evidence presented by the arresting officer, whose presence is mandatory. Witnesses, testimonies, and evidence relating to your case must be presented. If you have an attorney representing you, they can provide their own evidence, cross-examine any witnesses, and challenge the evidence provided by the arresting officer. Depending on your case, they may be able to argue the arresting officer did not have probable cause to pull you over or that the breath tests you were subjected to were administered incorrectly.
The purpose of the DHMSV hearing is not to discuss your guilt or innocence—it is to determine if your arrest was legally sufficient. The arresting officer must be able to prove that you were under the influence of alcohol at the time they pulled you over and arrested you among other things.
The DHMSV officer may also ask if the following events occurred:
While the DHMSV may not decide to suspend your license after a hearing, the criminal court still has the ability to revoke or suspend your license based on your case. The two agencies act independently from one another.
With the right legal representation by your side, you won't have to think about the consequences you fear. I can be trusted to keep you informed on your case and of the legal options available to you. I have defended more than 3,000 DUI cases throughout Florida and have been defending suspended license cases for three decades. I have an extensive and practical knowledge of Florida's DUI laws from my experience serving as an Assistant State Attorney and on the Florida Bar Traffic Court Rules Committee, on which I helped write DUI and traffic court rules.
If you are looking for a professional DUI defense lawyer in Miami who is committed to protecting your rights as a driver, you have come to the right place. I know that your choice in legal representation is one of the most important decisions that you will make right now and I can be trusted to defend your case from start to finish. If you are ready to enlist the service of a fierce advocate, do not hesitate to contact Jonathan Blecher, P.A. as soon as possible.
I handle each case that comes through my doors personally. Because I am directly in charge of your legal matters, I take your matters seriously and can exhaust every avenue to ensure that you retain your license. Call now to schedule a free case evaluation to get started with my firm.