If You've Been Arrested for DUI in Florida, You May Be Able to Fight Your License Suspension — Here's How
If you've been arrested for driving under the influence (DUI) in Florida, one of the immediate consequences you might face is a driver's license suspension. But suspension isn't automatic. You may be able to challenge the suspension and, in some cases, get it overturned. It's crucial to act fast—Florida law imposes a strict deadline on when you must request a formal review hearing.
As a Florida DUI defense lawyer, I've seen firsthand how challenging a license suspension can be a game-changer in a DUI case. Not only does it give you a chance to keep your driving privileges, but it also can help shape the overall outcome of your case.
I'll now explain how Florida handles DUI license suspensions, the specific defenses that can be used to fight it, and why hiring a private attorney is key to a successful outcome.
Florida DUI License Suspension: The Basics
Under Florida Statutes § 322.2615, if you are arrested for DUI, the Department of Highway Safety and Motor Vehicles (DHSMV) will automatically suspend your license unless you request a formal hearing to contest it. The implied consent law (§ 316.1932) plays a significant role in this process because it requires you to submit to a breath, blood, or urine test when arrested for DUI.
Implied Consent Law (§ 316.1932)
The law states that by driving in Florida, you consent to providing a chemical test when an officer requests it. Refusing the test carries penalties, including an automatic one-year license suspension for a first refusal and an 18-month suspension for a second refusal within five years.
However, you do have options to challenge this suspension.
How to Challenge a DUI License Suspension in Florida
The formal review hearing is your best opportunity to challenge the suspension and is available under § 322.2615. When you request this hearing, you'll have the chance to present evidence and argue that the suspension shouldn't apply. Here's how the process works:
Step 1: Request a Formal Review Hearing
Under § 322.2615(1), you must request a formal review hearing within 10 days of your arrest. Failing to make this request within the time limit results in an automatic suspension.
This hearing is not a criminal trial, but it's your chance to challenge the facts of your arrest, the officer's actions, and the validity of the breath, blood, or urine test. A hearing officer will review all the evidence presented.
Step 2: Prepare for the Hearing
At the hearing, the officer's report will play a major role. Your lawyer will review the officer's report for inaccuracies or procedural errors. If, for example, the officer failed to read you your Miranda rights or didn't follow proper protocol when asking for a breath test, those could be grounds to challenge the suspension.
Defenses to DUI License Suspension in Florida
If you're facing a driver's license suspension after a DUI arrest, there are several legal defenses that can be used to challenge it. The key is to attack the evidence that supports the suspension and in some cases, the law itself. Below are some defenses that may apply:
1. Failure to Read Implied Consent Warning
Under § 316.1932, law enforcement officers must inform you of the implied consent warning before asking you to take a chemical test. If they fail to do this, the suspension may be invalid. This is one of the most common issues I see when defending clients against DUI license suspensions.
2. Improper Administration of the Test
The law is very specific about how breath, blood, and urine tests should be administered. If the officer didn't follow proper procedures or if the equipment wasn't properly calibrated, those results can be challenged. In some cases, this can lead to the suspension being reversed.
3. Lack of Probable Cause for Arrest
To legally arrest you for DUI, the officer must have probable cause that you were impaired. If there was no reasonable basis for the arrest—such as failing a field sobriety test or showing signs of impairment—you may be able to argue that the suspension was based on an invalid arrest.
4. Refusal to Submit to Testing
While refusal to take a breath test results in a suspension, there are situations where refusal may be justified—for example, if the officer didn't inform you of the consequences clearly, or if you were physically unable to take the test.
5. The Breathalyzer Was Inaccurate
Breathalyzer machines, although reliable, can malfunction or give inaccurate readings. Calibration problems, operator errors, or software malfunctions can all lead to false readings. If there's any reason to believe the breathalyzer test wasn't accurate, your lawyer can request that the results be thrown out.
6. You Were Not Operating the Vehicle
You don't need to be driving to be arrested for DUI. If you were sitting in the driver's seat and had the keys in your possession, that's enough to be considered in "actual physical control" of the vehicle under § 316.193. However, if you were not in physical control of the car, that could provide a strong defense.
Real-Life Example: A Case I Won
I had a client, let's call him Mike, who was pulled over for weaving in and out of his lane. The officer smelled alcohol, but Mike was adamant he hadn't been drinking; he'd just taken prescription medication.
The officer asked Mike to take a breath test, and Mike refused. The officer then suspended his license for a year under the implied consent law.
We went to the formal review hearing and raised two key defenses:
- The officer failed to properly explain the consequences of refusal.
- Mike's refusal was based on his health issues, and he was advised by his doctor not to take a breath test due to a medical condition.
In the end, the hearing officer ruled in our favor, and Mike's license suspension was overturned.
Why You Need an Attorney to Challenge a DUI License Suspension
Challenging your license suspension after a DUI arrest can be overwhelming without the right legal support. The process involves a lot of legal technicalities, timelines, and evidence that can be difficult to understand without professional experience.
A private attorney, like me, can help by:
- Requesting the formal review hearing within the strict timeline.
- Challenging the arrest based on probable cause or improper procedures.
- Examining the breath, blood, or urine tests for errors or inaccuracies.
- Using your medical history to justify a refusal or challenge impairment.
- Helping you understand your rights and whether a hardship license is an option.
The difference between winning and losing your case could very well depend on how quickly you act and how effectively your lawyer challenges the suspension.
If your driver's license has been suspended after a DUI arrest, you don't have to accept it. I can help you challenge the suspension and protect your rights.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida. Our most popular office searches include Jacksonville, Orlando, Tampa, and Miami.
FAQs – DUI License Suspension in Florida
What happens if I don't request a formal review hearing for my DUI suspension?
If you don't request a hearing within 10 days of your arrest, your driver's license will be automatically suspended. You'll lose your opportunity to contest the suspension, and it will remain in effect for the full period specified by the law.
Can I still drive while my license is suspended for DUI?
In most cases, no. However, you may be eligible for a hardship license that allows you to drive for work or essential activities. This is something your attorney can help you pursue.
What if the officer didn't inform me of the consequences of refusing a breath test?
If the officer didn't properly inform you of the consequences of refusal, you may be able to argue that the suspension should be lifted. Failure to provide adequate notice of the penalties can be grounds to contest the suspension.
Can I challenge the evidence from my breathalyzer test?
Yes. Breathalyzer tests can be inaccurate for several reasons, including improper calibration, failure to follow protocol, or medical conditions affecting the result. Your lawyer can challenge the breathalyzer results at the review hearing and in court.
How long does it take to challenge a DUI license suspension in Florida?
The formal review hearing is usually scheduled within 30 to 60 days after the request. The overall process can take several months, depending on the complexity of the case and whether there are legal motions or challenges to evidence.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If your driver's license has been suspended after a DUI arrest, you don't have to accept it. I can help you challenge the suspension and protect your rights.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.