Is Your License Suspended Immediately after a DUI in Florida?
A driving under the influence (DUI) charge can carry tough penalties. This is especially true in Florida since the state is known for having some of the strictest DUI laws in the country.
But, with the help of a DUI lawyer, there are ways to possibly keep your license, even if in a limited capacity if you are arrested and charged with a DUI.
Losing Your License after a Florida DUI
Your license is immediately suspended when you are arrested for a DUI in Florida. The length of your suspension will depend on whether you have previous DUI convictions and other pending charges against you.
You will now face an uphill battle in two different arenas: the courts and the Department of Motor Vehicles (DMV). Your court battle will determine what suspensions (if any) you deserve and what driving privileges you can have once completed. Your fight with the DMV will determine what you need to do to get your driving privileges.
What Can You Do to Save Your License?
Even when your license is suspended, state law allows you to drive to places like work or school for 10 days, but you will have to keep your ticket as proof in case you ever need to present it.
Behind the scenes, the county prosecutor will begin to put together a case against you to make sure that you receive the penalties that they believe you deserve. But there are steps you can take to avoid a court hearing.
DMV Administrative Hearing Process
Florida law allows you to challenge your suspension and request a review of your case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This must be done during your 10-day legal driving window, and the department will grant you a temporary license for an extra 42 days to conduct an investigation and see if your charges are lawful.
What Are the Possible Outcomes of the Hearing?
If the department rules in your favor, your suspension could be dropped or your charges reduced. If they decide you were in the wrong, you will receive a “hard suspension” and lose all your driving privileges for up to 90 days. After that, you can apply for a hardship license which will allow you to again drive to work, school, and other places approved by the court. However, there is no guarantee you will get it.
Keep Your License — Call A Florida DUI Lawyer
When you get a DUI in Florida, fighting both the criminal charges and the administrative process can be challenging. It is not something that you want to tackle alone, and that is why you will want an experienced DUI lawyer in your corner.
Attorney Metcalf Falls, Criminal Defense Attorneys, P.A. has represented countless clients in DUI court. If you are facing charges, contact him at 813-258-4800 or use the online form to schedule a free consultation.