DUI And Your Driver’s License
DUI And Your Driver’s License
What Happens To My Driver’s License After A Florida DUI Arrest?
When you were arrested the law enforcement officer issued you a Florida DUI Uniform Traffic Citation. In most cases that citation will serve as a temporary driver’s license for 10 days. To verify this, look at the bottom of your citation. You will see the words “ELIGIBLE FOR PERMIT.” If the box next to these words is checked “yes” you can drive for 10 days from the date of your arrest. If the box is checked “no” your license is suspended.
If you have been arrested for DUI in Florida, two separate cases will result. The first case is called the Administrative Case. The Administrative Case deals with whether or not your Florida driver’s license will be suspended and for how long. The Florida Department of Highway Safety and Motor Vehicles handles the Administrative Case. The second case is called the Criminal Case. DUI is designated a criminal offense because it can lead to a jail or prison sentence. The State Attorney’s Office in the county where you were arrested handles the Criminal Case. An Attorney should represent you in both of these cases.
With respect to the Administrative Case, if you do nothing in the 10 days after your DUI arrest, your license will be suspended as follows: If you submitted to a breath test and your blood alcohol level was above .08, your license will be suspended for six months. If you refused the breath test, your license will be suspended for one year. If this is your second or subsequent refusal, your license will be suspended for eighteen months.
Your attorney can fight the DHSMV administrative suspension by requesting a DHSMV Formal Review Hearing within 10 days of your arrest. If your attorney requests a Formal Review Hearing the DHSMV can issue you a 42-day temporary driving permit that will delay the suspensions listed above.
If this is your first DUI you can give up your right to a Formal Review Hearing and apply for a Business Purpose Only License, within 10 days of your arrest. With a Business Purpose Only License you can drive during your suspension period to and from work, school, medical appointments, and religious services. The decision of whether to apply for a Business Purpose Only License and give up your right to a Formal Review Hearing should be made in consultation with your attorney.
If this is your second or subsequent DUI, you are not eligible for a Business Purpose Only License in the first 10 days after your arrest. However, your attorney can still request a Formal Review Hearing. If after the Formal Review Hearing the DHSMV does suspend your license your attorney may still be able to help you to get a Business Purpose Only License after a 30-day or 90-day waiting period.
Remember, Just because you were arrested for DUI does not mean you will be convicted of DUI. Your attorney can fight to have your DUI charge reduced to reckless driving, or dismissed.
What Is The Difference Between A Florida Driver’s License That Has Been Suspended For DUI And A Florida Driver’s License That Has Been Revoked For DUI?
Florida Driver’s License DUI Suspension: In Florida, a driver’s license suspension is a temporary withdrawal of a person’s privilege to drive a motor vehicle. However, once the period of suspension ends and/or the appropriate fees are paid, the person automatically gets their license back.
In the context of a Florida DUI case, if after an arrest for DUI a driver provides a breath or blood alcohol sample .08 or above, the police officer that arrested the driver will suspend the driver’s license for 6 months. If the driver refuses to provide a breath, blood, or urine sample, the police officer will suspend the driver’s license for 12 months for a first-time refusal and 18 months if the driver has a prior refusal.
Florida Driver’s License DUI Revocation: In Florida, a driver’s license revocation is a termination of a person’s privilege to drive a motor vehicle. To get a new driver’s license, the person must reapply, and the Florida DHSMV does not have to grant the person a new driver’s license.
In the context of DUI cases, Judges are required to revoke a person’s driver’s license upon a conviction for DUI.
What is a Florida Business Purposes Only License?A Florida Business Purposes Only License means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
Are you looking for the best DUI lawyer in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former DUI prosecutor that now represents persons accused of DUI. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of DUI cases.
If you or a loved one has been arrested for DUI in Hills borough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.