Suspended License? Request a Review Hearing within 10 Days
If a Florida DUI arrest has led to a suspended license, you need to take steps within 10 calendar days to get your license reinstated. Whatever happens, do not be caught in Florida driving with a suspended license. Attorneys at our Jacksonville law firm have seen Florida courts come down hard on people caught driving while their driver’s license was suspended—even if the suspension occurred in another state and the driver did not know about it. In many cases we can get your license back or help you get a hardship license so you can drive yourself to work.
When arrested on a DUI charge, your driver’s license faces suspension on two levels. Immediately the Florida Department of Highway Safety and Motor Vehicles will place your license on administrative suspension. This is discussed below. However, if you are convicted on the DUI charge your license will also face criminal suspension. You can read more about criminal suspension here: Suspended License Restoration
Florida’s 10-Day Rule for a Suspended License under DHSMV Administrative Rules
If you were arrested on a DUI charge and either refused to take a breathalyzer test or took the test and scored a blood or breath alcohol level (BAL) of more than 0.08, your driver’s license will be subject to an administrative suspension by the Florida Department of Highway Safety and Motor Vehicles. The suspension will be for 6, 12 or 18 months. However, when an administrative suspension occurs the DHSMV will issue you a temporary driving permit that expires in 10 days.
After your DUI arrest you have 10 days (same duration as the temporary permit) to request a Formal Review Hearing with the DSHMV to contest your suspended license. If you fail to hire a lawyer and request this hearing within the 10-day time frame, your license will be suspended up to 18 months depending on the facts of your arrest. However, if you successfully hire a lawyer and request the Formal Review Hearing on time, then your lawyer can secure a temporary driving permit for you that allows you to drive for business purposes for the next 42 days. During those 42 days, your hearing should be scheduled.
If your lawyer is successful at the Formal Review Hearing, your license will be reinstated pending the outcome of your criminal case. If not, the suspension will continue and the temporary permit revoked. If this happens you may be eligible to apply for a Hardship Driver’s License after a period of time.
Receive a Free Consultation about Your Suspended License from Our Jacksonville Law Firm
Do not be caught in Florida driving with a suspended license. An attorney from Jacksonville law firm Dale Carson Law may be able to help you get your license back or help you obtain a hardship license. It costs you nothing to find out whether we can help you. Your initial consultation is free and you will get a straight-forward assessment of your case and the suspension you face. Simply fill out the form on our Complimentary Consults page and we will schedule your complimentary suspended license consultation.
Or call an attorney at Dale Carson Law today at 904-355-6777.
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The articles below contain additional information about traffic charges in Florida. You can also find more in our Free Resources section.