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In Florida , if this is your first DUI arrest and a breath, blood, or urine test reveals that you were at or above the legal alcohol limit in Florida , .08%, your license is automatically suspended for 6 months.
If this is your second offense, your license is automatically suspended for 12 months.
If you refused to take a lawful breath, blood, or urine test, your license is suspended for 12 months.
If your license was previously suspended because of a refusal, the second refusal means your license is now suspended for 18 months.
No, in most instances you can drive after your arrest. First, check your yellow DUI ticket. If the box that reads “Eligible for Permit” (towards the bottom of the ticket) is checked “Yes,” then that Yellow DUI ticket acts as your license and allows you to drive for a period of 10 days from the date of your arrest. Keep this ticket with you at all times while driving. Do not drive if the “Eligible for Permit” box is checked “No.”
Within 10 days following your arrest , come see us. Our Firm will file the appropriate paperwork with the DMV on your behalf. But remember, the law gives us only 10 days to file , so act swiftly, (whether it be with our Firm or another law firm). Then you can drive immediately for “Business Purposes Only.”
Sure,
• On the day we file the paperwork with the DMV they will immediately issue you a temporary driving permit for “Business Purposes Only.” The law gives us only 10 days from the date of your arrest to do so.
• This temporary driving permit is automatically issued because our Firm challenges your license suspension by filing for a “Formal Administrative Hearing” with the DMV, which you are legally entitled to.
• You'll get your Hearing date with the DMV approximately 30 days after we file the paperwork.
• Our Firm appears on your behalf and you do not have to be present at this DMV Hearing. In the meantime, you can drive for “Business Purposes” because you'll have that temporary permit that's issued when we file for the DMV Hearing.
Don't drive. If you took the breath test, you must go 30 days without driving, period. If you refused the breath test, you must go 90 days without driving. After this period is up, we can get you a “Hardship” license, meaning, although your license is still technically “suspended,” a “Hardship” license will allow you to do “necessary driving.” Examples of “necessary driving” are to work, school, and Church.
We subpoena one or more of the police officer's involved in your case… meaning, the police are required to be physically present at the DMV and offer testimony. If the police do show up, a Hearing Officer will take evidence from both sides. If we are successful in making a legal argument that, for example, the police officer did not have the legally required standard of ‘reasonable suspicion' to pull your vehicle over in the first place, the Hearing Officer may find in our favor and invalidate your suspension. If that is the case, you will take the Hearing Officer's decision letter to any DMV and they will issue you a new license and you're driving privileges will be fully reinstated.
Unless this Officer, a critical witness, has good cause for not appearing, it is very likely that we will win your DMV Hearing. If that's the case, your license suspension will be “set-aside” by the DMV. You'll be issued a new driver's license with full driving privileges reinstated.
Don't despair. You'll have to do your 30 days “Hardtime” of no driving if you submitted to the breath test, 90 days if the DMV determines that you refused. Once that period is over, we will get you a “Hardship” license and you'll be able to drive for “necessary driving,” as described above. Also, the DMV Hearing Officer's ruling is subject to appeal.
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