DUI Arrest & Your Driving Privilege
- September 1, 2016
- Posted by: Amir Ladan
- Category: DUI
You’ve just been arrested for DUI, which for most people means you’re head’s spinning and you don’t know where to start or what to do. Worse yet, your license has been suspended, usually for six months if you blew above a 0.08 or for twelve months if you refused. You may be able to challenge the suspension and get your license fully reinstated, but you must act quickly. Also, if this is your first DUI you may be able to get a hardship license right away by waiving your rights, but you’ll want to talk to an experienced DUI lawyer first to know what you’re getting yourself into.
Administrative License Suspensions
There are two types of Administrative Suspensions in DUI cases. The first is a suspension for a breath test that exceeds the legal limit, which in Florida is 0.08, also known as a “point oh eight” suspension. The second is a refusal suspension for someone that refused to take a breath, urine or blood test.
Important Tip #1: Keep you DUI citation on you at all times while driving to avoid being charged with an additional offense!The DUI citation is your temporary driving permit and it allows you to drive until midnight on the tenth day following your arrest.
During the first ten days of your suspension, you are able to drive without restriction. After ten days, you may not be able to drive at all and if you are, it will be limited to business purposes only unless and until you successfully overturn the suspension at the DMV.
Important Tip #2: You have ten days to decide how you want to handle your suspended license with the DMV. If you fail to act within ten days, you’ll be stuck with the license suspension and you will not be able to drive for ANY REASON for at least thirty days and possibly as long as ninety days on a first offense.
The .08 Suspension at a glance:
If you were arrested for DUI in Florida and took a breath test that registered a .08 or higher, you’re driver’s license will be suspended for six (6) months from the date of your DUI citation. Your DUI citation acts as a ten (10) day temporary driving permit.
If this is your first DUI offense and first alcohol related criminal charge, you may qualify to get a Business Purpose license (also called a BPO) which will allow you to drive for work purposes. There are pros and cons to waiving your right to a Formal Review Hearing so talk to an experienced DUI lawyer before you decide what do to.
The Refusal Suspension at a glance:
What is a refusal suspension? After being arrested for DUI, law enforcement may ask you to submit to a breath, urine or in some limited cases, a blood test. If you refuse to take a test, your license is automatically suspended for twelve months for a first refusal or for eighteen months for a second or subsequent refusal.
Not all refusals are actual refusals though, so it’s important that you speak with an experienced DUI lawyer about what happened when you were asked to take a test. The criminal defense attorneys at The Ladan Law Firm have successfully challenged refusal suspensions for over fifteen years and can help you decide what options you have in addressing your suspended license.
Even if you did knowingly refuse, you have the right to have a hearing to challenge the suspension, known as a Formal Review Hearing. Talk to us about how these hearings work and whether it’s in your best interest to have a hearing or to waive your right if this is a first offense. If this is second DUI or beyond, then having the hearing is the only way you’ll have a shot to overturn the suspension. You’d be surprised by how you might be able to win your license back. Don’t assume the worst – talk to an experienced DUI lawyer at the Ladan Law Firm for insight into the process and what you can realistically expect.