Criminal Law Tidbit – KNOW YOUR RIGHTS: After Arrest for a DUI, Request an Administrative Driver’s License Hearing
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Criminal Law Tidbit – KNOW YOUR RIGHTS: After Arrest for a DUI, Request an Administrative Driver’s License Hearing

by | Feb 10, 2022 | Criminal Defense, Firm News |

Here’s your criminal law tidbit.  KNOW YOUR RIGHTS!!!

In Florida, if a driver fails a breath test or a blood test, or if the driver refuses to take a test, the driver’s license may be administratively suspended.  This is a big deal for most Floridians, since you really need a car to get around Florida.

If the driver fails the breath or blood test, and it is the first time, the driver’s license will be suspended for six months.  If it is the second time, the license will be suspended for 12 months.  Additionally, if the driver refuses to submit to such a test, the driver’s license will be suspended for 12 months the first time, and for 18 months for a second refusal.

At the time of failure or refusal, the police officer will take the license of the driver.  However, the police officer will also issue a traffic citation, and that may be presented in lieu of a driver’s license for 10 days.  Within 10 days, the driver must request review of the suspension.  This is a short period of time, so drivers who have their license suspended or failing a breath test or blood test, must act quickly.

However, if the driver loses the review, the driver will lose his or her license for an additional period of time.  Specially, if the driver refused to submit to the test, the driver is not permitted to a license for even business and employment purposes only, until after 90 days after the last temporary permit was issued.  If the driver submitted to testing and failed, the driver is not eligible to receive a license even for business or employment purposes only, until after 30 days after the last temporary permit was issued.

There is a way, however, to waive the 30 or 90 day period where no license can be issued for any reason.  If it is a first offense, the driver may waive his or her right to a formal hearing.  If the driver does this, he or she can get a business and employment purposes only license immediately.

KNOW YOUR RIGHTS

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