Anneli Nystrand, Esq.
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) gets involved even before most cases go to court. The DHSMV may suspend your license in addition to the court’s license suspension. Even if you win your criminal DUI case, your driver’s license may still be suspended or revoked. The DHSMV can suspend your driver’s license for 6 months if you take a breath test and your results are .08 or above. The DHSMV can suspend your driver’s license for 12 months if you refuse to submit to chemical testing, or 18 months if you refuse chemical testing and you have had a prior refusal. During these suspension periods, you may be eligible for a “hardship permit” which allows you to drive for work, school, religious, and medical purposes.
Requesting a Hearing:
If you were issued a DUI citation, the citation (usually a yellow piece of paper) serves as your driver’s license. It is valid for 10 days after the date of your arrest. You are entitled to a hearing to challenge your driver’s license suspension. You must request the hearing within 10 days of your arrest, and you will be issued a temporary hardship permit after your request. This temporary permit is valid for 42 days from the day it was issued.
After the Hearing:
If you lose the hearing, your license will be suspended for 30 days if you submitted to chemical testing and your breath or blood alcohol was over .08., or 90 days if you refused chemical testing. You will not be eligible for a hardship permit during that time. If you win the hearing, your driving privileges will be reinstated. If you have had two refusals, you are not entitled to a hardship license for at least 18 months.
Waiving the Hearing:
You may choose to waive your right to a hearing. You must submit the proper documentation and enroll in DUI school within 10 days of your arrest. If you choose to waive the hearing, your license will be reinstated, but you lose the opportunity to cross-examine law enforcement. The officers’ testimony is often valuable to your criminal case. An experienced attorney can help you decide which is the best option for you. Throughout his 36+ years of experience, Lee Meadows has conducted thousands of driver’s license review hearings and is here to help you determine the best strategy. Contact us for your case evaluation.
Other Driver’s License Suspensions:
Lee Meadows also represents those who have had their driver’s license suspended or revoked due to accrued points on their license, court order, or out-of-state issues. The Law Office of Lee Meadows has become well acquainted with the DHSMV and has built a professional relationship on commitment, communication, and dedication.
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