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
Driver’s 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.
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 material on this page is not intended to be legal advice.
Florida law is continually changing therefore some of the provisions
contained here may be out of date. It is always best to consult a
criminal defense attorney about your legal rights and
responsibilities regarding your particular case.
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 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 Orlando DUI attorney
Will Corzo or
Sam Kohrs. Call toll free
877-99CK-LAW
for a free consultation and explanation of your rights.
The Central Florida DUI defense law firm of
Corzo and Kohrs
exclusively limits their practice to defending clients charged with
criminal offenses including DUI and other crimes throughout central
Florida, including clients from Orange County, Osceola County,
Seminole County, Polk County, and Pinellas County and in cities such
as Orlando, Kissimmee, St. Cloud, Poinciana, Celebration, Hunter’s
Creek, Ocoee, Oviedo, Avalon Park, Windermere, Altamonte Springs,
Baldwin Park, Clermont, Winter Park, St. Petersburg, Seminole,
Clearwater, including clients from schools such as University of
Central Florida UCF, University of South Florida USF, Valencia
Community College, Full Sail, and other Central Florida schools.
Florida DUI Attorney Will Corzo and Sam Kohrs are available 24 hours
a day and on weekends and holidays.