DMV Administrative Review
Review Hearings For Administrative Suspensions And Disqualifications
When a person is arrested for a DUI in Florida, the driver can face a lengthy interval of license suspension. However, a driver facing DUI charges can fight to have their driver’s license reinstated. According to the Department of Highway Safety and Motor Vehicles, a driver can request a DMV Administrative hearing within 10 days of a DUI arrest. During this hearing, the department will determine whether the driver is able to keep his/her driving privileges or if a license suspension will take effect.
Each DUI incident must be handled on a case-by-case basis. However, there are three common situations, including people who submit to a blood-alcohol level concentration (BAC) Breathalyzer test and blow equal to or higher than a 0.08, those who refuse a chemical test, and those who are caught with BAC higher than .02 and are under the age of 21. Below is a list of the different ways each case is handled.
1. Those who blow higher than 0.08
- Person must demonstrate proof of enrollment in a DUI program or school and apply for an administrative hearing for hardship reinstatement
- must serve 30 days without driver license or permit before eligibility for hardship reinstatement
2. Those who refuse a chemical test
- Person must serve 90 days without driver's license or permit before reinstatement
- No hardship reinstatement for two or more refusals.
3. Those who blow higher than 0.02 and are under the age of 21
- Must complete a Traffic Law and Substance Abuse Education prior to hardship reinstatement
- If the minor blows higher than 0.05 or higher, he/she must complete DUI program before hardship reinstatement
- Must serve 30 days without driver's license or permit before hardship reinstatement.
Drivers who have refused chemical tests more than once, or have been convicted of a DUI two or more times will not be eligible to obtain a hardship reinstatement. Additionally, a commercial motor vehicle driver cannot acquire a hardship license to drive a commercial vehicle.
Hager & Schwartz P.A. Can Help
The Miami DUI defense attorneys from our firm understand the complexities of DUI laws and DMV Administrative Review Hearings and may be able to guide you through the process. When you chose to work with our team, you put knowledge and skills on your side. When we review your circumstances, we explore the various intricacies of your arrest and begin building your case immediately in order to create the best possible strategy for your specific situation. Protect your rights today!