Florida DMV Hearing DUI Lawyer
Protect Your Driving Privileges After a DUI Arrest
If you have been arrested for DUI in Florida, you have only ten days to request a DMV hearing to challenge your license suspension. This administrative hearing is your only opportunity to fight the automatic loss of your driving privileges. If you miss this deadline, your license suspension will go into effect, and you may lose your ability to drive.
A DMV hearing is separate from your DUI criminal case. It is an administrative review process conducted by the Florida Department of Highway Safety and Motor Vehicles. During this hearing, a hearing officer will determine whether the suspension should be upheld or dismissed. Having a Florida DMV Hearing DUI Lawyer represent you during this process can significantly impact the outcome.
Understanding the DMV Administrative Review Hearing Process
The DMV administrative review hearing allows individuals to contest their driver’s license suspension following a DUI arrest. The hearing officer will examine the evidence and determine if law enforcement had probable cause to make the arrest and if proper procedures were followed.
Key Aspects of a DMV Hearing:
- Examination of the arresting officer’s testimony
- Review of the breath or chemical test results
- Cross-examining the police officer regarding the arrest
- Presenting evidence to challenge the suspension
- Determining if there was probable cause for the arrest
If the hearing officer upholds the suspension, your full driving privileges will remain revoked for the duration of the suspension period. However, if the officer finds flaws in the case, your license may be reinstated.
Consequences of Not Requesting a DMV Hearing
If you fail to request a DMV hearing within ten days, the suspension automatically takes effect. The length of a license suspension depends on factors such as prior offenses and blood alcohol level at the time of arrest.
Common penalties include:
- Six to twelve months of administrative suspension for a first DUI offense
- A longer suspension for repeat offenses
- Possible license revocation for multiple DUI arrests
- Mandatory completion of DUI school and other conditions for reinstatement
Options for a Hardship License
If your license is suspended, you may be eligible for a hardship license, allowing you to drive for business or employment purposes. Applying for a hardship license requires:
- Proof of enrollment in DUI school
- A formal review hearing to determine eligibility
- Payment of reinstatement fees
- Compliance with Florida statutes regarding DUI suspensions
An experienced attorney can guide you through the hardship license application process to ensure you meet all requirements.
Why You Need Legal Representation
Navigating the DMV administrative hearing process can be complex. A lawyer with experience in DUI cases can:
- Challenge the legality of the traffic stop
- Cross-examine the arresting officer
- Present evidence to dispute the suspension
- File motions to suppress unlawfully obtained evidence
- Protect your driving privileges and fight for the best outcome
Having legal guidance during both the DMV hearing and your DUI criminal case increases your chances of retaining your driver’s license.
Learn more about Florida DMV hearings for DUI cases. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward protecting your driving privileges.
FAQs About Florida DMV Hearings for DUI Cases
What is a DMV administrative review hearing?
It is a formal review where a hearing officer determines whether a DUI-related license suspension should be upheld or dismissed.
How do I request a DMV hearing after a DUI arrest?
You must request a hearing with the Florida Department of Highway Safety and Motor Vehicles within ten days of your DUI arrest.
Can I get a hardship license if my suspension is upheld?
Yes, in many cases, individuals may apply for a hardship license for business or employment purposes if they meet certain requirements.
What happens if I don’t request a DMV hearing?
If you do not request a hearing, your license suspension will automatically take effect, and you will lose your driving privileges for the duration of the suspension period.
How can an attorney help with a DMV hearing?
An attorney can present evidence, cross-examine the arresting officer, and challenge procedural errors to increase your chances of having the suspension overturned.
