Did you know your drivers license can be suspended even before you go to court for DUI?

What is an Administrative Drivers License Suspension? Did You Know Your Driver’s License Can be Suspended Before You Even Go To Court For DUI? An administrative driver’s license suspension is an entirely different suspension than the suspension you will receive if you are convicted of DUI in Florida. You must act quickly because an administrative suspension can occur before you even go to court!

THE IMPLIED CONSENT NOTICE AND TESTING METHODS

If you are arrested for Driving Under the Influence of alcohol (DUI), the arresting officer should read the Florida Implied Consent Notice at the time of the arrest and request that you take one or more State administered chemical test.

Breath tests are performed on the Intoxilyzer 5000 � (some people mistakenly call this a Breathalyzer �).

In a blood test, a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.

If a urine sample is taken, it is also sent to the crime lab. Usually urine samples are used only for drug testing, not alcohol testing.

THE 10 DAY RULE FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL

If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a “per se” violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).

* 0.08 grams for cases made on or after July 1, 2001 if you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle

If you either refuse to take the test or test for a “per se” alcohol level, you have ten business days to request an administrative hearing. Do not count weekends, state holidays, or the day you were arrested. If you do not request the hearing within the ten business days, then the following penalties apply:

PENALTIES FOR REFUSING

If the arresting officer initiates a refusal suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver’s license will be suspended for one to five years, depending upon your record.

No limited permit is allowed, even if this is your first ever DUI charge. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a charge that is not a DUI.

PENALTIES FOR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL

First Offense

For a first offense within five years, if the officer initiates a “per se” suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver’s license will be suspended for one year. However, you may obtain a 30-day work permit. (You cannot obtain this particular permit from a Walk-In location. You must obtain it from the main DMVS office at 815 Orienta Ave. Suite #1060, Altamonte Springs, Fl. 32701)

After this permit expires, you can receive early reinstatement of your driver’s license if you complete DUI school and pay the appropriate reinstatement fee ($200.00 via mail and $210.00 if you apply in person).

The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing.

Second Offense

For a second offense within five years, if you do not request a hearing in a timely manner, or if you request the hearing and lose, your license is suspended for three years. No work permit is allowed.

Third Offense

For a third offense within five years, if you do not request a hearing in a timely manner, or if you request a hearing and lose, your drivers license is suspended for five years. No work permit is allowed.

CREDIT FOR AN ADMINISTRATIVE SUSPENSION

Keep in mind that if you receive an administrative suspension because of a “per se” alcohol level, all of that suspension time will be credited against any license suspension you receive if you are convicted or plead guilty.

However, if you receive an administrative suspension because you refused to take the state test you will receive no credit for that suspension time.

If you request a hearing in a timely manner (always consult a DUI defense lawyer regarding this matter), you will at least have a fighting chance. If you do not request this hearing in a timely manner, your license will be automatically suspended and you still have to go to court on the DUI.

Richard G. Salzman, Esq. is an experienced Broward County attorney; licensed to practice in New York and New Jersey since 1986, and Florida since 1988.

Law Offices of Richard G. Salzman, P.A. 4340 Sheridan Street, Suite 102 Hollywood, Florida 33021 954-981-0336 Richard@salzmanattorney.com http://www.salzmanattorney.com

Richard G. Salzman, Esq. is an experienced Broward County attorney; licensed to practice in New York and New Jersey since 1986, and Florida since 1988.

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8 Responses

  1. Getting a DUI in Florida will initiate the activity of two operations in regards to drivers license suspension (or revocation). These are the Department of Highway Safety and Motor Vehicles (DHSMV) and the Criminal Courts.

    The DHSMV begins with the “Administrative Suspension” and the “Criminal Suspension” takes place later on at court – if actually convicted of DUI.

  2. If My license was suspended in Kentucky can they be reinstated in Georgia?

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