Challenging Your Florida DUI License Suspension: Don’t Let Those 10 Days Pass You By

October 16, 2020 Posted in DUI

In many cases, license suspension poses a very real problem—for most people, driving is their most reliable transportation method and one that they use to get to school, work, the grocery store, and even to court for their DUI hearings. If you face an immediate suspension of your license after a DUI charge, how can you protect your ability to drive?

The Villages DUI attorney can help you work within the state’s 10-day period to save your license and your right to easy transportation. Depending on the circumstances involving your arrest, you may be able to obtain restricted driving privileges or have your license restored completely.

How is a period of license suspension in Florida determined?

In Florida, drivers who have been charged with DUI face a period of license suspension, depending on their specific circumstances. Below are Florida’s mandatory minimum suspension periods for some of the most frequent DUI scenarios:

  • First-time offense with BAC of 0.08 or higher – 6 months
  • First-time offense and under 21 – 6 months
  • First-time offense and refusal to submit to chemical testing – 1 year
  • First-time offense, under 21, with refusal – 1 year
  • Second and subsequent offense with BAC of 0.08 or higher – 1 year
  • Second and subsequent offense with refusal – 18 months
  • Second and subsequent offense, under 21, with refusal – 18 months
  • Second and subsequent offense and under 21 – 1 year

The suspension timeframe varies based on how many prior convictions for DUI the driver has on his record and whether he submitted to a chemical test or not, and it is effective immediately. That means when a driver leaves the police station after he’s been processed, and during the entire time he waits for his hearing, he is unable to drive anywhere. A license suspension can essentially trap a person in his home, leaving him with very few options to get around.

What happens in 10 days?

Drivers charged with DUI have ten days from the date of their arrest to challenge their license suspension with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Anyone who wants to challenge his license suspension requests an Administrative Review Hearing from the FLHSMV, which will be scheduled around 30 days after the arrest. During this time, the driver will be issued a temporary permit, usually valid for 45 days.

At the review, if the FLHSMV finds no probable cause that led to the arrest, the charges will be dismissed, and the license will be restored. If probable cause is found, the driver’s license will be suspended for 30 days (for BAC over 0.08) or 90 days (for refusal to submit to chemical tests) before he can apply for a Business Purposes Only (BPO) license. Drivers who have never had a DUI conviction can also apply directly for a BPO if they waive their right to an administrative hearing. 

Let The Villages DUI Attorney Help You Deal With Your Florida DUI Charges

Have you or a loved one been arrested and charged with DUI? Do not go it alone. Help is available. Contact The Villages DUI attorney today to learn more about your legal rights and options. Do not let this ruin your life.

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Whittel & Melton logo Whittel & Melton, LLC

510 County Road 466, Suite 203-W
The Villages, Florida 32159
Phone: 352.369.5334

Whittel & Melton logo Whittel & Melton, LLC

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11020 Northcliffe Blvd., Spring Hill, FL 34608
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