If you have been arrested for DUI in Florida, you only have 10 days from the date of your arrest to fight the administrative suspension of your driver’s license through a Formal Review Hearing. You should always fight the administrative suspension of your driver’s license after an arrest for driving under the influence (DUI) cases in Tampa, Hillsborough County, and throughout the State of Florida.
In fact, there is no downside to fighting the administrative suspension. If you win the hearing and invalidate the suspension – then no consequences to your ability to drive will occur on an administrative basis (but you must still fight the criminal charges).
If you lose the hearing, your attorney was able to gain valuable information during the hearing by questioning all of the state’s witnesses that could potentially testify against you and developing evidence for potential defenses that can be used to win your case during a motion to suppress, motion to dismiss, or during a jury or bench trial on the criminal charges.
In fact, many criminal defense attorneys agree that the administrative hearing is the most important part of your case. Find out more about how the DUI attorneys in Tampa, FL, at the Sammis Law Firm use the formal review hearings to protect Florida driver’s license and also preserve evidence that can be used to fight the criminal case.
The Florida DUI Administrative Suspension – How Long Will My Suspension Last?
After a DUI arrest your driver’s license will be administratively suspended if you either took the breath test and blew over the legal limit or if you refused to take the breath test.
The “hard suspension” refers to the time period in which you are not able to obtain a “business purpose only” or restricted driver license. In other words, during the hard suspension you can not drive for any reason. If you are caught driving, then you will not qualify for the “business purpose only” driver license for the remainder of the suspension period.
- First Offense
If you took the breath test then your Florida driver’s license will be suspended for 6 months with a 30 day hard suspension.
If you refused then your Florida driver’s license will be suspended for 12 months with a 90 day hard suspension.
- Second Offense
If you took the breath test, then you will suffer a 12 month suspension with a 30 day hard suspension.
If you refused the test, and your first offense was after a breath test, then you will suffer a 12 month suspension with a 90 day hard suspension.
If you refused the test, and your first offense was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.
- Third or Subsequent Offense
If you took the breath test then you will suffer a 12 month suspension with a 12 month hard suspension.
If you refused the breath test and if all prior offenses were after a breath test, then you will suffer a 12 month suspension with a 12 month hard suspension.
If you refused the breath test and one of the prior offenses was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.
What would you do if you could not drive for any reason for 3 months, 9 months, 12 months or 18 months ?
The most devastating consequence of a DUI arrest is the administrative suspension of your driver’s license. You may be able to avoid that administrative suspension by winning your formal review hearing. Hundreds of other reasons exist for invalidating the suspension. A few of the most common issues that can invalidate the suspension include:
- A critical witness fails to appear;
- Inconsistencies in the reports;
- Mistakes in the affidavits;
- Insufficient evidence of who was driving in a car accident / crash case;
- Failure to provide a legally sufficient reason for the stop, detention and arrest;
- The driver was observed for the entire 20 minute observation period;
- The refusal was intentional or not willful; or
- Failure to show that BOTH breath test readings were over .08.
The Administrative Hearing with the DMV may be one of the most important stages of your DUI Case.
Aggressively litigating the formal review hearing with the DMV is one the most important steps in preserving evidence that can later be used to fight the DUI case, especially in DUI refusal cases in which the prosecutor relies almost exclusively on the testimony of the arresting officer. Even in those cases in which you lose the DMV hearing, the fact that your DUI attorney has been able to question all of the officers against you under oath early in your case can be very crucial in fighting the criminal accusation.
For more information on the important of requesting an administrative formal review hearing, visit our main website for more information – DUI Attorney in Tampa, Hillsborough County, FL.
13 Comments
How do they know how many you have if out of state and real long time ago? Only if it is on your driving record?
Yes. I believe the DMV for the administrative suspension will only use the information on your Florida driving record if you have a Florida driver’s license number at the time of the arrest. If not they create one for you after the arrest. I’m not sure how the DMV would find out about out of state records for the administrative hearings if the information is not on the Florida driving record right after the arrest.
Appreciate the info for driver’s license suspensions for Drunk Driving cases in Florida. That explains it better than the DMV website.
When does the 6 month suspension start? 6 months from the incident or from the day its settled in court?
Under Florida law, the administrative suspension starts on the day of the arrest. By contesting the administrative suspension you are asking the hearing officer with the DHSMV to “invalidate” the suspension so that it comes off the driver’s DHSMV record.
In a totally different proceeding, if the individual is ultimately convicted of DUI, the Court is REQUIRED to impose another “court ordered” suspension that last for at least 6 months (although it can be much longer depending on the way the DUI is charged).
These two suspensions can overlap, or in some cases the administrative suspension has already run out before the court ordered suspension takes effect.
I’m a bit confused about what you have stated under the administrative suspension for 2nd offense “If you took the breath test, then you will suffer a 12 month suspension with a 30 day hard suspension.”
As I read the law on the FL DMV site (and no, I’m not a lawyer)it reads ” First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months”. So my interpretation would be if you had a previous suspension for refusal (12 months) and then a second suspension for .08 or above (first suspension for .08) then the suspension for .08 would be for 6 months as it is your first suspension for .08 .
Am I understanding the DMV administration laws correctly here? May be reading this with my heart as I am in this situation!!!
You are talking about two different things and it depends on facts that you have not provided. There is an administrative suspension (that takes place immediately after the arrest) and a court ordered (that occurs if you are convicted of DUI). The rules I have stated for the administrative suspension are correct (I believe) although I have not seen them spelled out in that detail on the DMV website. So the information you see on the DMV site may be referring to the court ordered suspension. This information is just for informational purposes. You would need to contact an attorney about the specific facts of your case. It is extremely complicated and depends on a variety of issues.
There’s a hard downsize to this Admin Review. As I’m fighting it now and see’s to be a losing battle. If the review just reads officers report and you did blow over the limit they will suspended, Now you fight in court, as in my case I won round 1 and state filed a Nolle Prosequi essentially dropped the case and will not prosecute. Now to get my license back the Fla Hwy & Safety due to original review and admin suspension still mandate and require you to take the in my case level ll dui school 385.00, pay all appropriate fees/penalties/reinstatement costs/license fee oooooh about another 500.00. So basically even if your innocent you will still have to pay!!!!!!!!! Welcome to Florida
Send me an e-mail with the details of your case lsammis@sammislawfirm.com. If you took the breath test and blew over and then the charges were dropped you may be able to remove the administrative suspension. It is not an appeal, but there is a form you submit with proof of the nolle prosequi and some other information. This is NOT true in a “refusal” case. Even if the state drops the charges in a refusal case or if you get a “not guilty” verdict at trial you cannot normally get the Florida DHSMV to remove the administrative action.
Another fact FHSA is stating that the review’s are only appealable for 10days after decision was made. Now my supposed offense started in Feb 2012 received a 30 day permit only and at end of which I received letter of suspension by them. Only appealable 10 days from such date. My court carried out to end of Aug. date on letter of Nolle Prosequi is Aug 22,2012 which in their time frame is well past the time frame for any appeal.
I have a question regarding the hardship reinstatement. I had a previous owi in Wisconsin 12 years ago. I recently was convicted of DUI in Florida. Criminally, I was treated as a first offender. As far as the hardship, from what I understand, a second dui conviction (even 12 years apart and from another state) means there cannot be a hardship reinstatement under any circumstances. Is it common for the Florida DMV to have out of state records dated several years back at hardship hearings?
Yes, it is common for the Florida Department of Highway Safety and Motor Vehciles (DHSMV) to have a record of an out of state DUI / DWI / OWI, even for a conviction that dates back more than 10 years. Even if the court treats it as a first DUI, the DHSMV will not.
My husband’s license was revoked in michigan in 2007 “until approved” eligible for review as of 2/2012. No review has been sought -seems useless now as we’re moving to Florida. There are multiple violations between 1980 and 1998, DUI related. There were none between 1998 and 2006 and none since.
Can he be granted a Florida license, even restricted, when we become residents in June? We will both be retired but may work part-time.
Thank you!
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