Can I Fight Suspension of My Driver’s License for DUI?

If you were charged with DUI, there are several consequences that you will face. The first thing that happens is that the arresting police officer will immediately suspend your driving privileges. The officer will suspend your driver’s license if your blood alcohol concentration (BAC) is 0.08% or higher or if you refuse to take a breath test. You will receive a temporary driving permit that is valid for a period of 10 days. You will also receive a notice of suspension of your license.

Request a Hearing

The suspension of your driver’s license is separate from the charges of DUI. You have only 10 days to request a formal or informal review with Florida Highway Safety and Motor Vehicles (FLHSMV). The 10 days start immediately upon the issuance of the suspension notice. If you fail to request a review within 10 days, you will not be able to file a hearing request. A hearing officer at the FLHSMV conducts an informal hearing. A formal hearing provides for witnesses and testimony, including the relevant evidence. Following the hearing, the officer will make a   decision regarding the suspension of your license. The officer will sustain, amend, or invalidate the suspension.

Help Fighting Driver’s License Suspension

An experienced DUI attorney will help you with the hearing for the suspension of your license. The hearing is an administrative process and not a trial. Your attorney may be able to evaluate the situation to provide reasons why your license should not be suspended. Several things will be considered in the hearing. For example, did the police officer have probable cause to think the driver was DUI? Did the driver refuse to take the test when a member of law enforcement requested it? Was the driver’s BAC over the limit of 0.08%? Once you receive a decision, either party has the opportunity to appeal with the circuit court. The circuit court may refuse to hear the appeal.

Protect Your Driving Privileges

Most people find it difficult to get along without a driver’s license. You may be able to obtain a restricted license that allows you to travel to and from work or school, or for medical treatment. If you are provided a restricted license you must adhere to the restrictions. A restricted license is also called a hardship license when you need your license to carry out your normal business occupation or trade. If this is your second offense, it is likely that you will not be eligible to fight a suspension of your license.

If you obtained a DUI, it is imperative that you act quickly to try to avoid suspension of your driver’s license. Contact an experienced DUI attorney immediately to assist with the process. Your lawyer has the expertise needed to fight the suspension and will work on your behalf to try to ensure that you retain your driving privileges. Do not delay because you only have 10 days to request a hearing. Contact our legal team at Henderson Legal Group to get the help you need as soon as possible.


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