The Florida Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your license for a period of time for a DUI arrest. If this is your first DUI arrest and you did the breath test but the reading was .08% or higher then your license will be suspended for 6 (six) months. If you refused to perform a breath test, your license will be suspend for 1 (one) year. If your license has been suspended in the past for a DUI you are facing 18 months suspension.
10 DAY RULE
You have 10 days from the date of arrest to do one of two things. First you can request an Administrative Hearing (formal or informal) in order to determine if the officer had probable cause to arrest you for a DUI. The second option is to forfeit your right to a review hearing in exchange for having a Business Purpose Only (BPO) license issued immediately. This option only applies if you have never had a prior DUI administrative suspension or DUI conviction. You must enroll in DUI School and show proof to DHSMV in order to obtain your BPO license. Failure to request either option within 10 days of your arrest will result in you losing your right to challenge the suspension.
TEMPORARY PERMIT TO DRIVE
During the first 10 days the ticket that the officer gave you indicating that you have been arrested for a DUI and your license has been suspended can be used as your temporary permit to drive. You can only drive for business or work related purposes (i.e. nothing personal). Once you request an administrative review hearing the department will issue you a permit that typically expires in 45 days. That's enough time for you to have your hearing. At your hearing the department will determine if the officer was correct to suspend your license or not. If he was correct, according to the department, you will have to endure a hard suspension of 30 days (if you blew .08% or more) or 90 days if you refused before you can apply for a hardship license. The department requires you to show proof of enrollment (it's ok to not start or complete the class just enroll) for DUI school prior to issuing you the hardship license.
HARDSHIP LICENSE PROHIBITED:
- Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
- Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
I have defended numerous drivers in front of the DHSMV related to a DUI arrest. If you have been arrested for a DUI in Miami please do not hesitate and call me so I can begin your defense. Administrative suspension hearings are always included in a DUI defense so there are no additional legal fees related to contesting your suspension with DHSMV.
If you are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami. Let’s talk about your case and what defenses it might have. I will also assist you in defending your license suspension at no additional charge.