DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Automatic Driver’s License Suspension

A DUI arrest in Florida subjects your driver’s license to automatic suspension by the Florida Department of Motor Vehicles. This automatic ‘administrative’ suspension is unrelated to the potential suspension you could receive if convicted of the DUI. A DUI is comprised of the following two parts: (1) An administrative part conducted by the Florida DHSMV which deals exclusively with the suspension or revocation of your driver’s license; (2) A separate criminal proceeding conducted by the State Attorney’s Office. One of the most common concerns potential clients have about a DUI is what will happen to their driver’s license. Please be advised that just by being arrested on the DUI charge (whether you blew or not) you have suffered an administrative suspension of your driver’s license.

Administrative Hearing to Save Your Drivers’ License

If arrested for DUI you have the right to contest your license suspension at a formal review hearing. However, this must be done by filing a written request at the Department of Highway Safety and Motor Vehicles at 4101 Clarcona-Ocoee Road in Orlando (Orange/Osceola arrests). This written request must be filed within 10 calendar days of your arrest or you lose the right to contest your license suspension. Formal Hearings are usually held approximately 30 days after being requested.  Call Kissimmee and Oralndo DUI attorney Will Corzo or Sam Kohrs to represent you in your administrative hearing.

The Hearing

Once at the hearing the administrative suspension may be challenged by arguing that there was no lawful basis for which to stop your vehicle. Requesting this formal review hearing can accomplish several goals. Even if the administrative hearing officer finds that the actions of the police were proper, your privilege to drive will be extended until after the hearing officer has ruled. If we prevail at the administrative hearing then your driving privileges will not be administratively suspended. (Your license may still be suspended if you are convicted of the DUI). Most importantly, the hearing will give us an opportunity to subpoena and question the police officers involved in your case regarding the legality of their actions. By doing this we can gain significant insight into the strengths and weaknesses of the prosecution’s case.

Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

• First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
• Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
• First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
• Second or Subsequent Suspensions for Refusal: 18 months.
• The suspension is effective immediately the officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

•  First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
•  Second or Subsequent Suspensions: 1 year.
•  First Suspension for Refusal to Submit to Breath Test: 1 year.
•  Second or Subsequent Suspensions for Refusal: 18 months.
•  The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

Review Hearings For Administrative Suspensions And Disqualifications

Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult a Kissimmee and Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando and Kissimmee DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from a Kissimmee and Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Kissimmee and Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.