After a person has been arrested for driving under the influence in Florida, he/she will automatically lose his/her driving privileges for 6 months to one year unless he/she schedules a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), and contests the suspension of his/her license. Once an application for a formal review hearing is filed, a temporary driving permit will be issued.
It is important that people remember that from the date of their DUI arrests, they only have 10 days to schedule a hearing with the Florida DMV. If people fail to schedule their hearings with the DHSMV, they will not be able to legally drive for at least 6 months. Once a person has scheduled his/her DHSMV hearing, he/she will have to report to the DMV on the scheduled date and time. At the DMV hearing, the person will meet with a DMV representative whose main objective is to determine if the person’s driving privileges should remain suspended or be reinstated.
During the hearing, the hearing officer will review the person’s entire case, listen to police officer testimony, and also question the person to gain further insight into among other things whether there was probable cause and/or whether the driver drove with a breath/blood alcohol level of above a .08. The hearing officer will then make a final decision regarding the person’s driver’s license based upon the evidence presented and his/her findings. This decision is likely to impact the person’s quality of life and personal freedom for an extended period of time.
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For this reason, after a person is arrested for a DUI, he/she should hire an attorney to represent him/her throughout the DMV hearing before the criminal case even makes it to the courts. When people have a strategic defense on their side, their chances of retaining their Florida driving privileges increase immensely. This is because most DUI defense lawyers know how to present a solid defense and safeguard their clients’ best interests in both the formal review hearing and criminal court.
Hager & Schwartz, P.A. is a leading Florida law firm that is dedicated to representing individuals who have been charged with DUI and related offenses in Miami and surrounding areas. At Hager & Schwartz, P.A., we are knowledgeable lawyers who are extremely familiar with Florida DUI law and the Florida legal system. We are committed to providing every one of our clients with the defense and counsel they deserve.