|Driver's License Suspension Hearings|
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
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.
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