DUI is one of the most severely punished charges an otherwise law-abiding person may face. If you are arrested or charged with a DUI, in addition to work, school or general transportation issues, you may face severe DUI penalties such as jail time, lengthy probation, license suspension, stiff fines, alcohol or drug treatment, installation of an ignition interlock device and its monthly costs, increased insurance rates, community service hours and having your car impounded.
Get a former DUI and Drug prosecutor on your side. DUI Attorney Kevin Robertson will attack your DUI case with a balance of aggressive legal strategies and creative negotiation tactics to get you the results you deserve. Call now for experienced advice and counsel. Call (352) 275 – 7491. Click here for DUI Penalties or Frequently Asked Questions.
Formal Review Hearing: Your Driver License Suspension
Please Note the 10 Day Rule: You only have until midnight of the 10th day after your DUI arrest to file for a Formal Review Hearing of your administrative driver license suspension. (Your DUI attorney will do this for you). This means you only have 10 days after your DUI arrest to file an Application allowing your attorney to fight the DMV on whether your driver license remains suspended or not. I can help!
As an experienced Gainesville DUI Lawyer, I will help you by attending the DMV administrative hearing, subpoenaing witnesses, cross-examining police officers, presenting motions and arguing the case to keep your driving license (invalidate the suspension).
Temporary Driving Permit While Awaiting Results of Formal Review Hearing
I will also obtain, on your behalf, a 42 day Temporary Driving Permit that allows you to drive while we fight the administrative driver license suspension. In many cases, electing to preserve your rights at this hearing is the only and certainly the earliest way to attack the allegations and cross examine the arresting officer. This is essential in fighting for your driver license as well as building the case to later defend your rights in Criminal Court. There is no downside to contesting the administrative suspension; but you must file the application documentation before the 10 days expire if you want to preserve your right to the administrative hearing. If not, your driver license remains automatically suspended for 6 months if your breath test result was .08 or above or 12 months suspension if you refused the breath test.
Hard Time: No Restricted or Hardship License Available
The DMV requires that each driver arrested for DUI undergo a period of time with absolutely no driving. During this period, the individual is not eligible for any permit, hardship or restricted license. If the individual gave a breath test, the hard time, ineligibility period is 30 days, and in refusal cases, the hard time period is 90 days. If one elects to receive the 42 day temporary driving permit after applying for a formal review hearing to contest their DL suspension, the hard time period will begin at the expiration of the temporary driving permit.
NEW LAW CHANGE: Waiving your right to Formal Review Hearing
You need to make some choices NOW regarding your driver license suspension. The law now allows First Time DUI offenders to waive their right to a Formal Review Hearing. The benefit to waiving the hearing is you get to skip the 30 day hard time (Breath Test Cases), or 90 day hard time (Refusal cases). However, there’s a catch: waiving requires that WITHIN THE INITIAL 10-DAY PERIOD FROM YOUR DUI ARREST, YOU MUST:
- File a Formal Written Waiver Document with the DMV Board of Administrative Review
- Enroll and show proof of enrollment in the DUI course which also requires substance abuse evaluation and treatment, if necessary.
- Apply for (and pay the fees) a Hardship (Business Purposes Only) License
- Be otherwise eligible for a Florida Driver License (no other suspensions, have proper documentation if your DL was previously lost or stolen, etc.
Driving Under the Influence in Florida
A person can be arrested for Driving Under the Influence (DUI) when law enforcement officers accuse a driver with operating a motor vehicle after consuming alcoholic beverages, illegal drugs or even prescription medication.
In Florida, the prosecutor can attempt to prove the criminal charge of DUI under two different theories:
Blood Alcohol Method: First, the prosecutor can attempt to prove that the driver’s breath or blood alcohol concentration is above .08. Under this theory, it does not necessarily matter whether the driver was actually impaired or “drunk.” The driver is legally presumed to be impaired.
Impairment Method: Under the second theory the prosecutor can attempt to prove that the driver’s “normal faculties” were impaired. This theory does NOT require evidence of the driver’s blood or breath alcohol. If a driver refuses to provide a breath sample (DUI refusal case), the state may still present evidence that the driver was impaired by alcohol or drugs(video footage, testimony, accidents or driving pattern, field sobriety tests, balance problems, odor of alcohol, demeanor or behaviors, etc.).
Severe punishment demands a serious defense. Florida requires mandatory penalties for DUI conviction. These sanctions may affect a person’s liberty, finances, employment status and ability and reputation. Click here for DUI Penalties. Click here for DUI FAQ’s.