If you have been arrested for Driving Under the Influence (DUI) in Florida, you have ten days from the day of your arrest to protect your driving privileges. Upon your DUI arrest, your driver’s license will be immediately suspended. However, you are allowed to drive for the next ten days for business purposes, using your DUI citation ticket as a permit. Once these days have passed, you will suffer a full license suspension, partial suspension, or have your license reinstated.
The actions you take after your DUI arrest are important. If you act quickly and contact a DUI defense attorney, you have a greater chance of getting your license reinstated and a DUI charge dropped. To schedule a free consultation with one of our attorneys, call us now at (941)-444-4444.
What Is a Formal Review Hearing?
A formal review hearing takes place with the Florida Department of Motor Vehicles (DMV). The purpose of this hearing is to challenge your administrative suspension if you have been arrested for DUI. We advise that everyone who has suffered a license suspension in Florida requests an administrative hearing.
To request an administrative hearing with the DMV in Florida, you must follow the steps below:
- First of all, you will need to make the formal review request in writing.
- Your request must include your name, address, driver’s license number, and date of birth.
- You need to state the date of your suspension and the county where you suffered the suspension of your driving privileges.
- You must ensure that your request is postmarked or filed with the necessary clerk within ten days of when you received notification of your disqualification.
Although this process may not seem straightforward, you don’t have to worry. If you contact an attorney at The Law Place, they can help you file this request and make sure that all the paperwork is completed correctly.
What Is an Informal Review Hearing?
During an informal review hearing, a hearing officer will examine the evidence submitted by the driver and police officer. The hearing officer will then decide whether the driver’s license suspension is supported by the evidence provided.
These hearings are conducted without a testimony, the driver, or witnesses. However, a suspension can be overturned if there is not enough evidence to prove the Florida DUI case.
Regardless of whether you participate in a formal or informal review hearing following the administrative suspension of your license, our law firm can help you.
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What Is the Florida Law on DUI?
Driving Under the Influence (DUI) is a major criminal offense in Florida that can send offenders to a criminal court. Florida’s DUI laws can be found under Florida Statutes 316.193. It is against the law for a person to operate a motor vehicle if their normal faculties are impaired by intoxication, or if their blood alcohol concentration (BAC) is .08% or higher. Driving while intoxicated over the legal limit is incredibly dangerous. The state punishes offenders severely because drunk driving causes hundreds of fatalities every year.
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Can You Be Charged With DUI Days Later in Florida?
It is possible to be charged with DUI the day after drinking or taking drugs in Florida. This is because the human body takes time to process these chemicals and a night of rest sometimes isn’t enough to eliminate these chemicals from a body.
Therefore, if you have consumed lots of alcohol, don’t assume that you can drive the next day. If you think you may still be intoxicated over the legal limit the next day, do not risk getting behind the wheel. Being arrested for DUI is very serious and you can be handed severe penalties. For example, for your first DUI criminal case, you can expect to face at least $500 in fines and up to 6 months of jail time.
From the initial call to updates on your case status, we are here to get you answers.
What Is a Hardship License?
A hardship license in Florida is a special license issued to those who have had their driver’s licenses revoked or suspended following an arrest. When offenders request and receive hardship licenses, they can continue to drive in Florida. However, an offender will only be able to use this license for business purposes and other necessary reasons. This temporary license does not grant offenders the freedom to cruise around anywhere like they used to.
What Can a DUI Be Reduced to in Florida?
A DUI charge in Florida can be reduced to reckless driving. This reduction is beneficial because the consequences of reckless driving charges are far less severe than DUI charges. For example, offenders will face lower fines and less jail time.
If you are facing a DUI conviction in Florida, it is worth hiring an attorney to fight your charge. At The Law Place, we have helped countless clients get their DUI cases reduced or dismissed. We have accumulated vast amounts of knowledge over the years that can prove to be very beneficial to your case.
Do I Need to Complete a Breathalyzer Test?
Florida’s implied consent law requires all drivers to complete breathalyzer tests if requested by a police officer. You will be subject to a mandatory license suspension if you refuse to complete your breathalyzer test. For your first refusal, you can have your driver’s license suspended for one year. For a second or third refusal, you can have your driver’s license suspended for 18 months and possibly have to serve jail time.
We know that breathalyzer tests are known for producing incorrect and skewed results. Your hesitancy to complete one is valid. However, it is advisable in most cases to complete these tests. Our team of experienced attorneys will examine the usage of your test and its results to determine whether it is legitimate evidence. If we prove that your test was administered improperly, your Florida DUI case can be dropped.
What Can a DUI Attorney Do for Me?
A Florida DUI defense attorney can help you in several ways. The main role of your attorney will be to get your charges dismissed or reduced. To do this, they will examine your case and build you a solid defense strategy. However, they can do so much more for you.
A defense attorney can be a hugely supportive figure in your life. They can guide you through this difficult time and answer all of your questions. Our team will act in your best interest. They will do all they can to ensure that you achieve the best possible outcome from your case.
FAQ
What is Florida’s 10-day DUI rule?
Florida’s 10-day DUI rule mandates that individuals arrested for driving under the influence (DUI) have only 10 days from the date of their arrest to request a formal review hearing to contest the suspension of their driver’s license. During this period, a temporary license is usually issued, allowing the individual to drive for limited purposes until the hearing.
What happens if I miss the 10-day window to request a hearing?
If you do not request a formal review hearing within 10 days, your driver’s license will be automatically suspended. This suspension can last for up to one year, depending on whether this is your first offense or if you have prior DUI offenses
How does a formal review hearing work?
A formal review hearing is conducted by a hearing officer from the Florida Department of Highway Safety and Motor Vehicles (DHSMV). During the hearing, the arresting officer may be required to testify, and you have the opportunity to present evidence and witnesses to contest the suspension of your driver’s license.
What are the potential outcomes of a formal review hearing?
The hearing officer will decide whether to uphold, modify, or overturn the suspension of your driver’s license. If the suspension is upheld, you may face a period without driving privileges, depending on the specifics of your case and any prior DUI offenses.
Can I drive after a DUI arrest in Florida?
<Yes, you can drive using a temporary license issued for the 10-day period following your DUI arrest. If you request a formal review hearing, this temporary license can be extended until the outcome of the hearing is determined.
What is an administrative suspension?
An administrative suspension refers to the immediate suspension of your driver’s license by the DHSMV following a DUI arrest. This is separate from any criminal penalties that may arise from a DUI conviction and occurs even if you have not yet been convicted in court.</p>
What is the difference between a formal and informal review hearing?
A formal review hearing involves presenting evidence and witness testimony to a hearing officer, while an informal review hearing typically involves a simpler administrative review of the case without the need for a formal hearing process. Both types of hearings aim to review the circumstances of your DUI arrest and the suspension of your license.
How can I reinstate my driver’s license after a DUI suspension?
To reinstate your driver’s license after a DUI suspension, you must complete any required DUI school, pay any fines and fees, and provide proof of insurance. You may also need to install an ignition interlock device on your vehicle if required by the court.
What role does a DUI defense attorney play in a DUI case?
A DUI defense attorney can help you navigate the legal complexities of a DUI case, represent you at the formal review hearing, and work to achieve a favorable outcome for your case. They can assist in gathering evidence, questioning witnesses, and negotiating with prosecutors on your behalf.
What is a hardship license, and how can I obtain one?
A hardship license allows you to drive for essential purposes, such as work, school, or medical appointments, during the period of your license suspension. To obtain a hardship license, you must apply through the DHSMV and may need to complete DUI school and other requirements.
Can I refuse a breathalyzer test during a DUI stop?
Yes, you can refuse a breathalyzer test; however, refusing can result in an immediate suspension of your driver’s license for one year for the first refusal and 18 months for subsequent refusals. This is known as an administrative suspension and is separate from any criminal charges you may face.
How does a DUI arrest affect my driving privileges?
A DUI arrest can lead to an immediate suspension of your driver’s license, affecting your ability to drive legally. You may be issued a temporary license for the 10-day period following your arrest, and your driving privileges may be further restricted or suspended depending on the outcome of your formal review hearing and any subsequent court proceedings.
What should I do immediately after being arrested for DUI in Florida?
After being arrested for DUI in Florida, you should immediately contact a DUI defense attorney to discuss your case and request a formal review hearing within the 10-day window. Gathering evidence, such as the police report and any witness statements, will also be crucial for building your defense.
How can a DUI affect my criminal record?
A DUI conviction can have serious consequences for your criminal record, including fines, jail time, community service, and mandatory DUI school. It can also lead to increased insurance rates and impact your employment prospects. Multiple DUI offenses can result in more severe penalties, including longer license suspensions and mandatory ignition interlock device installation.
What is the role of a hearing officer in a formal review hearing?
The hearing officer is responsible for conducting the formal review hearing, evaluating the evidence presented, and making a determination on whether to uphold, modify, or overturn the suspension of your driver’s license. They act as an impartial party to ensure a fair review of the circumstances surrounding your DUI arrest.
What are the possible defenses against a DUI charge in Florida?
Possible defenses against a DUI charge in Florida include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or field sobriety tests, and presenting evidzence of procedural errors made by the arresting officer. An experienced DUI defense attorney can help identify the best defense strategy for your case.
Should I Contact The Law Place?
You should contact The Law Place if need a South Florida, Miami, Orlando or Fort Lauderdale DUI Attorney. DUI cases are punished severely, and they should never be taken lightly. Our team of attorneys has years of experience helping clients beat their cases and we can help you too.
Losing your driving privileges can have a huge impact on your life. Don’t waste another moment.
Call us now for a free consultation at (941)-444-4444.
