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WARNING! New Florida DUI Laws That Could Affect Your Drivers License

YOU MUST ACT IMMEDIATELY WITHIN THE 10 DAY TIME PERIOD AFTER YOUR ARREST

If you have been charged with DUI, a change in law effective July 1, 1995, may have an unanticipated effect on you. Beginning July 1 , the Department of Highway Safety and Motor Vehicles began imposing “hard suspension” periods on persons arrested for DUI who have a breath alcohol level of .08% or above, or who refuse to submit to a chemical test of their breath. If you were arrested for DUI and your breath alcohol level was under .08%, you will not suffer an Administrative Suspension from the DMV.

As you know by now, when a driver is arrested for DUI, the arresting officer suspends that person’s license through the Department of Highway Safety and Motor Vehicles. This suspension is for a period of either six (6) months, if that driver’s BAC is .08% or above or for one (1) year if the driver refuses to submit to a chemical test or 18 months if its a second refusal. The driver may drive on the citation as a temporary permit for a period of ten (10) days from the date of the ticket. After this ten (10) day period expires, there is a “hard suspension” of either thirty (30) days for a BAC of .08% or above, or ninety (90) days for a refusal to submit to a chemical test. During this “hard suspension” period under the law, the driver will not be eligible for any type of driving permit and cannot lawfully drive for any purpose. The effect of this is that all persons arrested for DUI will suffer some period of suspension without any possibility of obtaining a temporary or business purposes license.

The driver is entitled to an Administrative Hearing to determine the validity of the suspension. This hearing must be requested within ten (10) days of the date of arrest. Because of this statutory scheme it is critical that you or your attorney request a hearing to review the suspension within (10) days from the date of your arrest. Because these hearings are evidentiary in nature, you should contact an attorney for information on how your rights under this law can be protected.

Further, beginning July 1, 2013, if this is your first offense, you may be eligible for a hardship license immediately and not be affected by the “hard suspension”.

YOU MUST ACT IMMEDIATELY WITHIN THE 10 DAY TIME PERIOD AFTER YOUR ARREST

Once the Administrative Hearing is requested, a temporary driving purpose license can be obtained during the pendency of the hearing process. If the suspension is validated by the Department of Highway Safety and Motor Vehicles, after the Administrative Hearing, the “hard suspension” will begin after the Administrative Hearing.

REMEMBER, IF YOU DO NOTHING, THE “HARD SUSPENSION” WILL START TEN (10) DAYS AFTER YOUR ARREST.

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