Your Right to Fight a DUI License Suspension: Why You Need an Attorney to Protect Your Future

If you’ve been arrested for DUI in Florida, the consequences can be overwhelming. One of the most immediate and serious penalties you might face is the suspension of your driver’s license. But what happens if you don’t challenge that suspension? Many people think that once the suspension is in place, they have no choice but to accept it. However, that couldn’t be further from the truth.

In Florida, license suspensions related to DUI offenses are not automatic in the sense that they can be contested. The law allows you a specific timeframe to challenge the suspension, and failing to take action could have lasting consequences. These consequences can affect your ability to drive, your job, and your future.

 

As a Florida DUI defense lawyer, I’ve seen firsthand how crucial it is to act quickly and strategically when faced with a DUI license suspension. I’ll now explain what happens if you don’t challenge your DUI license suspension, the relevant Florida statutes that apply, possible defenses, and why it’s so important to hire a private attorney who can help protect your rights.

Florida’s DUI License Suspension Law

Under Florida law, when you are arrested for DUI, there are two types of license suspensions that may apply:

  1. Administrative Suspension: This happens immediately after your DUI arrest if you either fail or refuse to submit to a breath, blood, or urine test.
  2. Criminal Suspension: This suspension occurs after a conviction for DUI.

Administrative Suspension – Florida Statutes § 322.2615

When you are arrested for DUI, Florida Statutes § 322.2615 mandates that your driver’s license will be suspended automatically unless you request a formal review hearing within 10 days of your arrest.

 

Here’s the crucial part: if you do not challenge the suspension in that 10-day window, your driver’s license will be suspended, and you may be left with limited options to reinstate it.

 

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for overseeing these administrative suspensions, and they issue a temporary driving permit for the first 10 days. However, if you don’t act within the 10-day period, your suspension becomes mandatory, and you lose the ability to contest it.

What Happens If You Don’t Challenge Your DUI License Suspension?

If you don’t challenge your DUI license suspension, you will face significant consequences, which can include:

  1. Automatic License Suspension: If you miss the 10-day deadline, your license will be suspended for 6 months for refusing a breath test or for 1 year for failing the test with a BAC of 0.08% or higher.
  2. No Driving Privileges: For most people, losing their license can mean an inability to get to work, school, or take care of essential errands, especially if you rely on your vehicle for transportation. With no challenge, you are essentially left with limited or no driving privileges.
  3. Ineligibility for a Hardship License: If you do not challenge the suspension, you could lose the ability to apply for a hardship license for work purposes. Florida law provides a hardship license after 30 days of suspension, but only if you request the right to challenge the suspension in time.
  4. Increased Penalties in Future DUI Offenses: If you accept the suspension without challenging it, it will remain on your record and can be used against you in the future. For example, a second DUI offense may result in more severe penalties, including higher fines, longer suspensions, and possible jail time.

Florida Statutes § 322.2615(1) (a) clearly states:

“If the person fails to request a formal review hearing within 10 days of receiving notice of the suspension, the suspension shall take effect immediately.”

That means time is of the essence. If you don't act quickly, your options for contesting the suspension shrink drastically.

Defenses for Challenging Your DUI License Suspension

Challenging a DUI license suspension in Florida involves presenting legal defenses that undermine the basis of the suspension. Some common defenses that could apply to your case include:

  1. Lack of Probable Cause for the Arrest: If the officer didn’t have a valid reason to stop you or lacked probable cause to arrest you for DUI, the entire case could fall apart. This can be an effective defense against both the DUI charge and the suspension.
  2. Improper Breathalyzer Test: If you failed the breathalyzer, there may be issues with the test administration. The equipment must be properly calibrated and maintained, and the officer must follow the correct procedures. If these standards were not met, the test results could be contested.
  3. Failure to Advise of Implied Consent Rights: In Florida, officers must inform you of your implied consent rights — that is, your obligation to submit to a breath, blood, or urine test upon arrest. If they failed to do so, your suspension may not be valid.
  4. Medical Conditions Affecting Test Results: Certain medical conditions (like acid reflux) can affect breathalyzer test results. If you can show that your condition was responsible for the high BAC reading, it could be used as a defense.
  5. Unreliable Field Sobriety Tests: Field sobriety tests are highly subjective, and they can be influenced by many factors such as fatigue, stress, or even poor weather conditions. A strong challenge to the accuracy of these tests can cast doubt on your arrest.

Real-Life Example: A Case I Won

I had a case where my client, “John,” was pulled over for swerving slightly in his lane. He had a few drinks at a bar and was asked to submit to a breath test. He failed the breathalyzer test with a BAC of 0.12%, well over the legal limit. However, we challenged the suspension of his license by requesting a formal review hearing within the 10-day window.

Here’s how we won:

  • The Officer Didn’t Follow the Proper Protocol: The officer failed to properly read John his implied consent rights before administering the breath test, which is required by Florida law under § 316.1932.
  • Medical Condition: John had gastroesophageal reflux disease (GERD), which caused him to regurgitate a small amount of stomach acid before taking the breath test. This condition was never addressed during the stop, and it could have distorted the breathalyzer reading.

By challenging these issues in court and using medical records to support our argument, the suspension was overturned, and the charges were dropped. If John hadn’t acted quickly to request the formal review, he would have lost his license for 6 months and likely would have faced harsher penalties.

Why You Need an Attorney

Failing to challenge a DUI license suspension in Florida can have long-term consequences that go beyond just the suspension. Hiring a private attorney gives you the best chance to protect your rights and your future.

Here’s why:

  1. Time-Sensitive Process: The 10-day window to request a hearing is short. If you miss this deadline, you will face an automatic license suspension. Our DUI defense lawyer can handle this process promptly and make sure that all deadlines are met.
  2. Expert Knowledge: DUI and license suspension laws are complex. Our DUI defense lawyer can analyze the specifics of your case, identify potential defenses, and apply the law to your advantage.
  3. Customized Strategy: Not every DUI case is the same. Our DUI defense lawyer will create a strategy that is tailored to your situation. Whether you are fighting a breath test result, the officer’s actions, or the legality of the traffic stop, will will fight to win.
  4. Reducing Penalties: If you can’t avoid the suspension, a lawyer can help reduce the length of your suspension, get you a hardship license, or minimize the impact on your driving record.
  5. DUI Record: A conviction and suspension can affect your job and future opportunities. A lawyer can fight to reduce the impact or get charges dismissed.

If you’ve been arrested for DUI in Florida, don’t wait until it’s too late to 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.

FAQs – DUI License Suspension and How to Challenge It in Florida

What happens if I don’t request a hearing for my DUI license suspension in Florida?

If you don’t request a formal hearing within 10 days of your arrest, your license will be automatically suspended. The length of the suspension depends on whether you refused the breath test or failed it. You will also lose the opportunity to apply for a hardship license for the first 30 days of your suspension.

Can I still drive after my DUI arrest in Florida?

Yes, but only for the first 10 days after your arrest, you can drive using a temporary permit. After that, your driving privileges will be suspended if you haven’t contested the suspension.

How do I challenge my DUI license suspension in Florida?

You can challenge the suspension by requesting a formal review hearing within 10 days of your arrest. During the hearing, you can argue that the suspension is invalid due to factors like improper breath test administration, failure to provide implied consent rights, or medical conditions that could have affected the test results.

Can I get a hardship license during my suspension?

Yes, you may be eligible for a hardship license that allows you to drive to work, school, or medical appointments during the suspension. However, this requires you to act quickly and request a hearing within the 10-day period.

What if I didn’t refuse the breath test but still failed it?

If you failed the breath test but didn’t refuse it, you face a 1-year suspension for the first offense. However, if you challenge the suspension and win the formal review hearing, the suspension may be reduced or dismissed entirely.

Why should I hire an attorney to handle my DUI license suspension?

A private attorney has the experience and resources to handle the formal review hearing effectively, ensure deadlines are met, and raise legal defenses to challenge the suspension. Your lawyer can also help reduce penalties, assist in applying for a hardship license, and protect your driving privileges long-term.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you’ve been arrested for DUI in Florida, don’t wait until it’s too late to 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.