The state of Florida is very serious about driving under the influence and its laws express that. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has the authority to and will suspend your driver’s license immediately following an arrest for a DUI.
However, did you know that as a Floridian you can challenge and fight this suspension? Most locals don’t know how, or even that you had the ability to. That is why the experienced DUI attorneys at Stechschulte Nell Law want to make sure you are aware of your options, and that you know how to go about the best way for your case.
Florida’s 10-Day Rule
Florida defines a DUI (driving under the influence) offense as one that is proven by the impairment of “normal faculties” or a breath alcohol level of .08 or higher. The state of Florida is very strict with DUIs and once convicted, the DUI cannot be erased and will remain on your driving record for seventy-five years!
When you are arrested for driving under the influence, your license will be suspended immediately. There are a few driving exceptions for business purposes, but they are only available for 10 days from the date of your arrest.
Though limited, these are the only driving exceptions:
- Driving to and from work
- Going to and from the grocery store
- Going to and from church
- Driving to and from court or your attorney’s office
Within those 10 days post-DUI arrest, you can fight the suspension of your license with the FLHSMV. This is very limited time, which makes hiring an attorney at Stechschulte Nell Law imperative! Contact us at 813-280-1244.
Steps for Challenging a License Suspension
Stechschulte Nell Law knows that is possible to reverse your driver’s license suspension, but to do so there are certain requirements a driver must comply with along the way. An attorney will help prepare and guide you through this administrative review hearing process.
- Remember that you are under a 10-day deadline to request a hearing.
- Determine if you want to seek a formal or informal hearing.
- Officially request the DUI license suspension hearing.
- Once the hearing is requested, it will be scheduled within 30 days of the request.
- Prepare for and attend the hearing with your attorney.
What Is a License Suspension Hearing?
At the FLHSMV license suspension hearing, your attorney will present your case. This is your opportunity to persuade the DMV that your license should be reinstated. When your lawyer requests this hearing, you have two different types of hearing options to choose from:
- Formal hearing > A formal hearing closely resembles a court hearing. Your attorney will have the chance to bring forth evidence, question witnesses, and conduct cross-examinations.
- Informal hearing > An informal hearing is just that—less thorough, but it is also a quicker process. A hearing officer will look at and examine any materials that have been submitted by both sides and make a final decision.
An attorney at Stechschulte Nell Law will help you decide which option is the best for your case and ultimately maximize the chances of a successful outcome. Call today to schedule your free DUI case consultation.
Arrested for a DUI? Reach out to our Defense Team
Unfortunately, most Floridians do not know that they can request a license suspension hearing after a DUI arrest until it is too late.
When you contact Stechschulte Nell Law, our attorneys will act immediately to try to save your license from suspension. Time is of the essence, so call our office immediately after your arrest for a free consultation at (813) 280-1244.