Being pulled over and arrested on DUI charges can be a stressful and humiliating experience, but if you know your rights, you can avoid having your license immediately suspended for the DUI infraction in the State of Florida. Upon arrest on DUI charges, the arresting officer will take your license and give you a DUI citation, this may also include other charges. That piece of paper will act as a temporary license for 10 days. Unless you act quickly, your license will be automatically suspended after that 10 day period. This is Florida State Law and can be challenged.
The State of Florida gives those with a DUI charge 10 days to request a formal review hearing. It is a good idea for anyone with Florida DUI charges to request this hearing in a timely manner with a qualified Traffic Defense Attorney. By doing so, this will extend the provisional license for an additional 45 days, allowing you to drive to work.
Even in a case where you were intoxicated, there is a possibility of having the case thrown out during the formal review process. It is in your best interest to employ the assistance of a Florida DUI Lawyer , as they have the knowledge and experience to help you successfully beat the DUI charges. In cases where subpoenaed witnesses do not show up for the hearing or where there is not enough evidence to proceed, the administrative suspension of your license will be denied and you are again able to drive freely. After the review, the Florida DMV will notify you of the decision in writing
There is nothing to fear even in the case where a formal review hearing finds that you were driving under the influence, as there is no increased penalty for requesting the hearing. If you are found to be guilty of the DUI on a first offense and you did cooperate with officers and submit to a breathalyzer test, the result will be a six month suspension of your license. The first 30 days of that suspension are considered a “hard” suspension and no driving will be allowed. After that initial 30 days, special permission can be granted for you to drive to work and/or school.
Considering that there is no harm at all in requesting a formal review hearing, every person arrested for driving under the influence should submit their request within the first ten days under the Florida DMV DUI Laws . There is a good chance that the administrative suspension will be thrown out during the process and there is no additional harm done if the hearing is not successful.
If you have been arrested for DUI in the State of Florida. Call us at 407-420-4500.