An Officer received a complaint from a mall security guard that a driver hit his golf cart with her vehicle and then drove away. The security guard stated he thought driver may have been intoxicated. The Officer stopped the driver and immediately smelled alcohol on her person. The Defendant slurred her speech, had bloodshot eyes and acted confused. The driver performed Field Sobriety Testing and failed. The Defendant agreed to submit to a Breathalyzer Test and blew .194 & .184, over twice the legal limit of .08. The Department of Highway Safety and Motor Vehicles suspended the Client’s license.
Formal Administrative Review Hearing
In order to reinstate a driver’s license, a formal administrative review hearing must be done in Florida. This must be done within 10 days of being arrested. These days are calendar days, not business days.
Before your hearing, your attorney will be allowed to review all documents that pertain to your case. The police officer that arrested you can be subpoenaed and cross-examined if your attorney feels that it is necessary to do so. Many times this hearing can be done without the defendant there.
DHSMV License Suspension
Your license will be suspended. The length of suspension will depend on whether this is your first DUI charge, or if you are a multiple offender.
For an individual that just has one DUI, with a breath sample over .08, a driver’s license could be suspended for as long as 180 days. However, if you refuse to take the breath test, your license will automatically be suspended for one year.
A second DUI charge will potentially result in a driver’s license suspension of one year if both this DUI charge and your previous one had a breath sample of .08 or higher. If you refuse to take a breath sample on your second DUI, you will lose your license for a period of 18 months.
If you have been charged with a DUI, you need the assistance of an attorney. It is crucial to your case that you hire a lawyer as soon as possible, as you do have time restrictions on getting your license back.
At Musca Law, we have an experienced team that will fight for your rights. With over 150 years of experience, our firm has many defenses that could potentially be used for your case. The initial consultation is free. Many of our clients have walked away with charges significantly reduced or dropped altogether.
RESULT: The Attorney filed a request for a Formal Administrative Review Hearing before the Department of Highway Safety and Motor Vehicles. The Defense subpoenaed the Officer and witnesses to the arrest. The Attorney proved the Officer lacked probable cause to initiate a traffic stop and failed to provide evidence that the Client was in control of the vehicle while under the influence of alcohol. The Department of Motor Vehicles LIFTED and REINSTATED the Client’s license.