Understanding Florida's DUI License Suspension Laws and How a Private Attorney Can Help You Get Back on the Road
If you've been arrested for DUI in Florida, one of the first things you'll likely want to know is how long your driver's license will be suspended. The impact of a DUI conviction is significant, and the license suspension is one of the most immediate consequences you'll face.
However, the length of your suspension can vary depending on several factors, including whether you refused a breath test, whether you're a repeat offender, and whether you manage to challenge the suspension within a specific timeframe. That's why it's so crucial to understand the laws and to consult with an experienced DUI attorney who can help you minimize the damage and fight for your driving privileges.
I've represented many clients facing DUI license suspensions, and in this article, I'll walk you through the process, the relevant Florida statutes, the defenses available to you, and why hiring a private attorney can make all the difference.
Florida DUI License Suspension: An Overview
Under Florida Statutes § 316.1932, Florida has what's known as an "implied consent law." This means that by operating a motor vehicle in Florida, you've automatically agreed to submit to breath, blood, or urine testing if an officer has probable cause to suspect that you're driving under the influence of alcohol or drugs.
But if you refuse to submit to these tests, you face a license suspension—whether you're guilty of DUI or not.
How Long Will Your License Be Suspended?
The length of your license suspension can vary depending on the circumstances of your case. Here's a breakdown of the typical durations based on different scenarios:
1. First Offense DUI With a Breath Test Refusal:
If you are arrested for DUI and refuse to take a breath, blood, or urine test, Florida Statutes § 316.1939 dictates that your driver's license will be suspended for one year. This suspension is mandatory, and you may not be able to challenge it unless you act quickly.
2. First Offense DUI With a Failed Breath Test:
If you take the breath test and fail (i.e., your BAC is 0.08 or higher), your license will be suspended for 6 months under § 322.2615. If your BAC is 0.15 or higher, you will face a longer suspension period and may be required to install an ignition interlock device in your car.
3. Second DUI Offense (within 5 years):
If this is your second DUI offense within 5 years, the law mandates a 5-year license suspension under § 322.2615(5). Additionally, if you refuse the breathalyzer, your license will be suspended for 1 year.
4. Third DUI Offense (within 10 years):
For a third DUI offense within 10 years, the Florida DMV will permanently revoke your driver's license under § 322.271. This is the most severe penalty and requires you to go through a lengthy process to apply for a hardship license (if eligible).
Challenging the DUI License Suspension
The good news is that you can challenge your DUI license suspension, and this is where the role of an experienced attorney comes into play. If you refuse to submit to a breath test, you have 10 days from your arrest to request an administrative hearing to challenge the suspension. This is critical because if you don't act within that time frame, you forfeit your right to contest the suspension.
If you fail a breath test, you also have the option to challenge the results of the test in court. A DUI attorney can examine the circumstances surrounding the arrest and test procedures, looking for reasons to have the evidence thrown out.
The Hardship License: What Are Your Options?
If your license is suspended, you may be able to apply for a hardship license, which allows you to drive to work or school or for medical purposes. However, the eligibility requirements for a hardship license depend on the specifics of your case.
Here's how it works:
- For a first-time DUI offense, you can apply for a hardship license immediately after the suspension, as long as you've served a 30-day waiting period and you agree to install an ignition interlock device (if your BAC was above 0.15).
- For a second DUI offense, you may be eligible for a hardship license, but you must have served a minimum 1-year suspension and agree to install an ignition interlock device.
- For a third offense, you will be permanently ineligible for a hardship license unless you petition for reinstatement after 5 years.
This is one of the many reasons why it's important to consult a DUI lawyer early on. A private attorney can help you file the necessary paperwork for a hardship license and argue for reduced suspension periods.
Real-Life Example: How I Helped a Client Avoid a License Suspension
Let me tell you about a recent case where I helped a client avoid a license suspension. My client, David, was arrested for DUI after failing a breathalyzer test. His BAC was 0.18, and the officer immediately began the process of suspending his driver's license under Florida Statutes § 316.1939.
David had never been arrested before, and he needed his car to get to work. The clock was ticking, and if we didn't act fast, he would lose his ability to drive for 6 months. After reviewing the police report and breathalyzer calibration logs, I noticed a procedural error during the administration of the breath test—there was an issue with the calibration of the machine, which made the results questionable.
I immediately requested a formal hearing to contest the suspension and argued that the breathalyzer results were unreliable due to the officer's failure to properly calibrate the machine. After presenting my case, the hearing officer agreed, and the suspension was reduced to only 30 days. My client was able to obtain a hardship license and continue driving to work.
Why You Need a Private DUI Attorney
You may wonder why you need an attorney to handle something like a license suspension. Can't you just take the suspension and move on?
The short answer is no. A DUI conviction and the suspension of your license can have serious consequences. A license suspension affects your livelihood, your ability to run errands, and your overall quality of life. Even if you're eligible for a hardship license, the process can be complicated, and without proper representation, you could face a longer suspension period.
Here's where a private attorney makes a real difference:
- Challenge the Suspension: A skilled attorney can help you contest your license suspension. In many cases, I've been able to reduce or eliminate the suspension altogether.
- File for Hardship License: If you're eligible, I can help you file for a hardship license and minimize the damage to your personal and professional life.
- Review the Evidence: DUI charges are often based on evidence that can be challenged in court. I will thoroughly review the circumstances of your arrest, looking for mistakes that could result in reduced charges or a dismissal.
- Negotiate for Reduced Penalties: I can negotiate with the prosecution to reduce your sentence, whether it's through a plea deal or by fighting your case in court.
Having a private DUI lawyer on your side from the moment of arrest can drastically change the outcome of your case. Don't let a first mistake determine your future.
FAQs – Florida DUI License Suspension and Hardship License
How long will my DUI license suspension last in Florida?
The length of your DUI license suspension depends on several factors, including whether you took a breath test and whether you have previous DUI offenses. A first-time offense with a failed breath test can result in a 6-month suspension while refusing a breath test can lead to a 1-year suspension.
Can I get a hardship license after a DUI in Florida?
Yes, you may be eligible for a hardship license after a DUI, depending on the specifics of your case. For a first offense, you can apply after 30 days, and for a second offense, you may be eligible after 1 year. However, you'll need to meet certain requirements, including agreeing to install an ignition interlock device.
Can I challenge my DUI license suspension in Florida?
Yes, you have the right to challenge your license suspension. If you refuse a breath test, you have 10 days to request a formal hearing to contest the suspension. If you fail a breath test, you can challenge the results in court.
What happens if I miss the 10-day deadline to request a hearing?
If you miss the 10-day deadline to request a hearing, you lose your right to contest the suspension, and the full suspension period will take effect.
How can a private attorney help with my DUI license suspension?
A private DUI attorney can help you request a hearing, challenge the suspension, and apply for a hardship license. With the right legal representation, you can reduce the suspension period or even have it eliminated.
Can I get my Florida DUI license suspension reduced?
In some cases, a skilled attorney can argue for a reduced suspension period, particularly if there were procedural errors in your case or if you are eligible for a hardship license.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you've been arrested for DUI and are facing a license suspension, don't wait to take action. A private attorney can help you fight the suspension and secure a hardship license.
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.