How to Maintain Your Ability to Drive Following a DUI Arrest in Florida
Following a DUI arrest, individuals are often worried about the status of their driving licenses. Fortunately, there are official methods to contest license suspensions or acquire a provisional license. Discover more about these procedures and the related restrictions in Florida.
DUI (Driving Under the Influence) arrests in Florida are fairly common. A 2009 study by the Century Council revealed that approximately 53,000 men, women, and minors under 21 were detained for DUI in Florida. In the same year, there were 770 fatal drunk driving incidents. This number excludes the hundreds of accidents that led to severe bodily harm and property destruction.
Considering Florida's high drunk driving rates and the severe damage it can cause, it is understandable that Florida's Legislature has implemented penalties to discourage such behavior. The Department of Highway Safety and Motor Vehicles (DHSMV) is in charge of managing the administrative aspect of a DUI arrest, specifically license suspensions. When a DUI suspect fails or refuses a breathalyzer test, the arresting officer immediately seizes their license, even before determining guilt or innocence in criminal court.
Many individuals detained for a DUI offense are greatly concerned about their driving license's future. As people heavily depend on cars for commuting to work, school, and fulfilling the needs of family members, losing a driving license for any period is inconceivable for many. Thankfully, there are official procedures to prevent an administrative license suspension or obtain a limited license in case of a criminal conviction.
After a DUI arrest, a person has (10) ten days to contest their administrative license suspension in writing with the Florida DHSMV. Although law enforcement officers must inform DUI arrestees of this, the shock and confusion of the arrest can cause it to be forgotten. This option is unavailable for a Commercial Driver's License (CDL), but CDL holders can still challenge a non-commercial license's administrative suspension.
The Florida DHSMV schedules a formal hearing within 30 days of receiving a license suspension challenge request. This hearing is administrative and separate from the criminal hearing. It determines whether an individual can maintain their driving privileges and if any limitations should be imposed. This is done by assessing if the arresting officer had probable cause to stop the driver, evaluating if the officer properly informed the alleged offender of the suspension for test refusal or failure, and scrutinizing blood or breath test results.
Many individuals in this complex situation choose to hire a skilled DUI attorney. A proficient criminal defense lawyer can guide a person through both the criminal and administrative aspects of the case. In fact, it is often recommended that the attorney represents their client in the administrative hearing as well. During the administrative license suspension hearing, the prosecutor is absent, which may benefit the person's defense. Certain information from the administrative hearing may also be helpful during the criminal trial, particularly details from unprepared witnesses or the arresting officer.
If the case outcome results in license revocation or if the individual did not request a formal license review hearing, the following Florida license suspension regulations apply:
Operating a non-commercial vehicle with an alcohol level of .08 or above
• 1st suspension – 6 months
• 1st suspension (refusal to submit to blood, urine, or breath test) – 1 year
• 2nd or subsequent suspension – 1 year
• 2nd or subsequent suspension (refusal to submit to blood, urine, or breath test) – 18 months
Operating a commercial vehicle with a blood alcohol level of .04 or above or under the influence of drugs
• 1st disqualification – 1-year disqualification
• 1st disqualification (refusal to submit to blood, breath, or urine test) – 1-year disqualification
• 2nd disqualification – permanent disqualification
• 2nd or subsequent disqualification (refusing to submit to blood, breath, or urine test) – permanent disqualification
Driver under the age of 21 with a BAC of .02 or above
• 1st suspension – 6 months
• 2nd or subsequent suspension – 1 year
• 1st suspension (breath test refusal) – 1 year
• 2nd or subsequent suspension (refusal to submit) – 18 months
The administrative suspension takes effect immediately. However, if eligible, the arresting officer will issue a temporary permit. This permit is valid for (10) ten days from the arrest date, which is also the deadline for challenging the license suspension.
Additionally, there is an option to apply for a restricted hardship license with the Florida DHSMV before the license revocation period ends. This license has strict limitations, permitting only travel to work, school, and other predetermined locations. If law enforcement officers find the driver outside these locations, the temporary license privileges will be revoked instantly. Eligibility requires proof that the absence of driving privileges causes severe hardship on current employment or educational enrollment. Additional restrictions may apply.
To reinstate a driver's license after the suspension period, an individual must also pay a license reinstatement fee.
The procedures mentioned above for addressing a suspended license are not simple, automatic, or guaranteed, but they can assist someone in retaining their driving privileges after a DUI in Florida. Considering the possible severe consequences of a revocation, it is often in the best interests of the DUI driver to pursue all available options, preferably with the help of one of our best Florida DUI Defense Attorneys.
The Circumstances a Driver in Florida Might Receive a Special Hardship License from the Florida DHSMV After Getting Arrested for a DUI in Florida
In Florida, after a DUI arrest, a driver may apply for a special hardship license with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under certain circumstances. A hardship license, also known as a restricted license, allows the individual to drive to limited locations, such as work, school, or other predetermined locations. Here are some conditions under which a driver can apply for a special hardship license:
- License suspension period: A driver may apply for a hardship license before the end of their license suspension or revocation period.
- Proof of hardship: The applicant must provide proof that the lack of driving privileges would impose severe hardship on their current employment or educational enrollment.
- DUI school enrollment: The driver should complete or be enrolled in a DUI school or an approved substance abuse education course. The applicant must also provide proof of enrollment to the DHSMV.
- First-time offenders: First-time DUI offenders are typically eligible to apply for a hardship license, whereas repeat offenders might face stricter eligibility criteria or be deemed ineligible.
- Waiting period: In some cases, a driver must serve a mandatory waiting period before applying for a hardship license. For example, if their license was suspended for a second DUI within five years, the driver must wait for one year before applying for a hardship license.
- No prior hardship license: The driver should not have previously received a hardship license for the same suspension.
Please note that eligibility for a special hardship license may vary depending on the individual's specific circumstances and the nature of their DUI offense. Additional restrictions may apply. It is always advisable to consult with a qualified attorney to determine eligibility and navigate the application process.
Do I Need a Florida Defense Attorney to Get a Special Hardship License from the Florida Department of Highway Safety and Motor Vehicles (DHSMV)?
While it is not mandatory to have a Florida defense attorney to apply for a special hardship license from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), hiring an attorney can be beneficial. An experienced defense attorney can:
- Guide you through the process: A defense attorney can help you understand the requirements, eligibility criteria, and necessary documentation for obtaining a special hardship license. They can also assist you in completing and submitting the application.
- Represent you at hearings: If you need to attend an administrative hearing to contest your license suspension or request a hardship license, a defense attorney can represent you and present your case effectively.
- Ensure compliance with requirements: An attorney can help ensure you have completed all necessary steps, such as enrolling in a DUI school or substance abuse education course, and have gathered the required proof to demonstrate hardship.
- Offer legal advice: A defense attorney can provide you with legal advice based on your specific situation, helping you make informed decisions about your case.
- Increase the likelihood of success: Having an experienced attorney on your side can improve your chances of successfully obtaining a special hardship license, as they are familiar with the DHSMV's rules and procedures.
Although hiring an attorney is not a requirement for obtaining a special hardship license, their expertise and guidance can simplify the process, ensure you meet all requirements, and improve the chances of a favorable outcome.
How the Driver's License Administration Hearing Helps Your Attorney Prepare Your Defense in the Criminal Aspect of a Florida DUI Case
The driver's license administrative hearing is separate from the criminal aspect of a Florida DUI case. However, it can be beneficial for your attorney to represent you during the hearing, as it can help them prepare your defense for the criminal trial. Here are some ways the administrative hearing can assist your attorney in preparing your defense:
- Gathering information: The administrative hearing can provide valuable insights into the evidence the authorities have against you. It offers your attorney the opportunity to review the arresting officer's testimony, the reason for the stop, and the administration of the sobriety tests.
- Identifying procedural errors: During the hearing, your attorney can identify any procedural mistakes or inconsistencies that occurred during your arrest, such as whether the officer had probable cause for the stop, if your rights were properly explained, or if the breath or blood tests were correctly administered.
- Cross-examining witnesses: The administrative hearing allows your attorney to cross-examine the arresting officer and other witnesses, helping them uncover inconsistencies or weaknesses in the officer's testimony, which can be used in the criminal trial.
- Gaining insights into the prosecution's case: The hearing offers an opportunity for your attorney to better understand the prosecution's case, including the strengths and weaknesses of their evidence. This information can be used to develop a more effective defense strategy for the criminal trial.
- Familiarizing with the case: Representing you in the administrative hearing allows your attorney to become more familiar with the specifics of your case, including the facts, evidence, and potential arguments. This familiarity can improve their ability to defend you in a criminal trial.
- No prosecutor present: The administrative hearing does not involve a prosecutor, which can be advantageous for your defense. It allows your attorney to gather information without revealing their defense strategy to the prosecutor.
If you or a loved one have been arrested for DUI in Florida, the driver's license administrative hearing can be a valuable tool for your attorney in preparing your defense for the criminal aspect of a Florida DUI case. The information and insights gained during the hearing can contribute to a more robust and effective defense strategy in the criminal trial.
Special Hardship License Representation Throughout All of Florida
Don't let a DUI charge jeopardize your future. With your freedom, your ability to driver, your reputation, and your livelihood at stake, you need the best legal representation possible. At Musca Law, P.A., our skilled and dedicated Florida Special Hardship License Attorneys are committed to fighting for your rights and protecting your future. Don't wait another moment to take control of your situation.
Call us now, toll-free, at 1-888-484-5057 to receive a free, confidential consultation. Our team of experienced attorneys is available 24/7 to provide the guidance, support, and aggressive defense you need to navigate the complex legal system and achieve the best possible outcome.
Remember, your future is worth fighting for – call 1-888-484-5057 today and let Musca Law, P.A. help you regain control of your life.