In Florida, if you are stopped for DUI and you refuse to take the breath test, or your breath test results are 0.08% or greater, your license will be suspended. We can help you restore your Driving privileges. We have helped many people in your situation get their License back and we can do the same for you.
1. The Pre-Trial Drivers License Suspension
2 Types of Pre-Trial Drivers License Suspension:
1. Refusal Suspension:
If you refuse the breath test, you will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires you must serve 90 days of the suspension after your first refusal before you are eligible to apply for a hardship license. No hardship license is permitted if you have refused the breath test two or more times.
2. Breath Test exceeding 0.08% Suspension:
You will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of driving with an unlawful blood alcohol content. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license.
If your license is suspended for either of the above reasons you have the opportunity to request an Administrative Hearing with the DHSMV, but you must do so within 10 days of your arrest.
The 10 Day Rule
Following an arrest for DUI, you only have 10 days from the date of your arrest to request an Administrative Hearing with the Florida Department Of Motor Vehicles. If this hearing is not properly scheduled you will receive an automatic license suspension for up to 18 months.
The Administrative Hearing
Prior to a formal hearing being conducted, a DHSMV hearing officer will conduct an informal hearing. During the informal hearing, the hearing officer will review all paperwork submitted by law enforcement regarding your DUI.
At the formal hearing, the DHSMV hearing officer will act in both a prosecutor and a judge role. During the hearing, the hearing officer will decide if the arresting officer had probable cause, if the driver was placed under lawful arrest, whether the driver was informed of the consequences for not submitting to a chemical test, and whether the person refused to submit to the test after being told to do so. If the driver refused to submit to the chemical test, he/she may have his/her license suspended for up to a year.
The Pre-Trial Hardship Hearing
This hearing is used to get a hardship license during the time your case is pending in criminal court, in order to drive to and from work or school.
Business or Employment Reinstatement:
1) For driving With an Unlawful Alcohol Level of .08 or above:
You must serve 30 days without driver license or permit prior to eligibility for hard
ship reinstatement.
Show proof of enrollment in DUI school
Always bring proof of employment or school just in case
Apply for an administrative hearing for hardship reinstatement
2) For refusal to submit to the breath test:
You must serve 90 days without driver license or permit prior to eligibility for hard
ship reinstatement.
Show proof of enrollment in DUI school
Always bring proof of employment or school just in case
Apply for an administrative hearing for hardship reinstatement
2. The Post-Conviction Drivers License Suspension
If you are convicted of a DUI in court the judge may suspend your license for a period of 6 months up to 10 years depending on your number of convictions and amount of time between each.
The Post-Conviction Hardship Hearing
Obtaining A Business or Employment Reinstatement:
1) For driving With an Unlawful Alcohol Level of .08 or above:
You must serve 30 days without driver license or permit prior to eligibility for hard
ship reinstatement.
Show proof of enrollment in DUI school
Always bring proof of employment or school just in case
Apply for an administrative hearing for hardship reinstatement
2) For refusal to submit to the breath test:
You must serve 90 days without driver license or permit prior to eligibility for hard
ship reinstatement.
Show proof of enrollment in DUI school
Always bring proof of employment or school just in case
Apply for an administrative hearing for hardship reinstatement
COSTS TO OBTAIN YOUR HARDSHIP LICENSE
$115 administrative fee
$35 reinstatement fee
$15 reinstatement fee will be required
unless you provide Proof of
liability insurance on the DUI arrest date.
