Florida Administrative Suspension Law
Suspended License for DUI
In Florida, anyone arrested for DUI and who provides a breath test result over.08 will have their driving privileges suspended for six months by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). In the case of a refusal to submit to a breath test, blood test or urine test (where applicable) DHSMV imposes a one year suspension, or an eighteen month suspension if the driver has had their privilege suspended previously for refusing to submit to the breath test, blood test or urine test.
Schedule a free case evaluation with my firm if you need representation during your driver's license hearing.
Temporary Driver's License
The Florida Uniform Traffic Citation (yellow traffic ticket) charging you with DUI serves as a temporary driver license for ten calendar days from the date of your arrest. This "permit" allows driving for business or employment purposes. That means to and from work, on the job driving, food shopping, banking, court, your lawyer's office…no pleasure driving.
Effective on July 1, 2013, the rules regulating the administrative suspension of a driver's license after a DUI arrest, and the right to review that administrative suspension, change.
Changes to Florida's DUI Administrative Hearings
If you have no prior DUI convictions or administrative suspensions or convictions for an alcohol/drug-related offense, there are three options:
- Request an informal review hearing;
- Request a formal review hearing; or
- Request a hearing for "Business Purpose Only" restricted privileges, thus waiving the right to a formal or informal review hearing.
DHSMV is taking the position that the date of the DUI arrest controls. So, for example, if the arrest and notice of suspension are dated before July 1, 2013 there is no option to avoid the "hard time" suspension by immediately requesting a "review of eligibility." However, if the DUI arrest date and/or notice of suspension are dated July 1, 2013, or later, then the new regulations apply.
The New Formal Review Hearing Process, effective July 1, 2013
Get Informed about your case by checking out the frequently asked questions and information on DUI.
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