According to Florida DUI law, after a DUI conviction, drivers are permitted to have limited and restricted driving privileges in some circumstances. It’s important to remember both the court & DHSMV imposed suspension, so restrictions may differ in time and scope.
A Florida DHSMV suspension may take place as part of Florida’s Administrative DUI Suspension law. This law as first enacted in 1990, and was one of the first of its kind in the U.S.:
- After a DUI arrest in Florida, a driver’s license will be suspended for 6 months after a breath test over .08 or for 12 months if the driver refuses to submit to a breath, blood or urine test.
- The driver has 10 days to either file a request for a Formal Review Hearing to challenge the legality of the suspension or a Review of Eligibility for a Business Purposes Only permit.
- The Formal Review may result in an invalidation or sustaining of the suspension. If the suspension is sustained the driver will suffer a 30-day-no-driving period for a breath test case or a 90-day-no- driving period in the case
of a refusal.
- In either case, the driver can apply for the business permit after they have enrolled in an approved substance abuse education class.
- A previous suspension for refusal will result in an 18 month suspension, with no business permit, however.
Florida courts must suspend a driver license after a DUI conviction. A first DUI conviction will result in a minimum 6 month suspension, up to one year. The defendant may be eligible for a business permit after completion of a substance abuse class, and must complete any treatment they require after an evaluation. A prior DUI conviction will make the driver ineligible for any permit for a minimum of one year for a 5 year suspension or 2 years on a 10 year suspension.
If you have been convicted of DUI and want to get a limited license, you need a trusted Miami DUI defense attorney to aggressively protect your rights. Call 786-785-2035 to request your free consultation.