License Suspension Hearings
After a DUI arrest, you must act quickly or you may lose your driver’s license. You only have ten days to contest the revocation. Within those ten days, you must request an administrative review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Failure to request an administrative review hearing within the ten-day deadline will result in automatic suspension. Coupled with a failed breathalyzer test, your driver’s license will be suspended automatically for six months.
Even harsher is the penalty for refusing a chemical test: a one-year suspension. However, with Evan A. Hoffman and The Hoffman Firm defending you, numerous legal remedies will be available.
In this case, for example, Mr. Hoffman might request, if applicable, that you receive a hardship license. It’s critical that professional drivers seek the help of a lawyer so that the chances of losing your livelihood are lessened.
In a hearing before the Florida Department of Motor Vehicles (DMV), other situations might cost you your license. Are you a habitual traffic offender? This could be enough to take your license away.
As a result, your relationships with family, friends, even your place of employment, might suffer long-term damage. How will you get to and from school, the grocery store or the gym? And how many times can you expect your family or friends to pick up your kids from school?
Let someone who has years of dedicated experience fighting the rights of others in your situation take the stress off of your shoulders. At The Hoffman Firm, Mr. Hoffman will walk you through the hearing process and aggressively represent you and your case before the Florida DMV.
For more information or to schedule an appointment with an experienced South Florida criminal defense lawyer like Evan A. Hoffman regarding your DHSMV hearing, please contact them at (305) 249-0090 today. This firm serves clients in North Miami, Ft. Lauderdale, Palm Beach, and surrounding counties.
- What actions lead to a license suspension?
- How do you reinstate a license?
- Are there any alternatives to a hearing?
- More information on DHSMV
What Actions lead to a DHSMV?
Typically, if you are arrested for driving under the influence in the state of Florida, meaning at the time of arrest, you are believed to have had a blood-alcohol content of at least .08, you may automatically have your license suspended for six months.
Also, if you are arrested for driving under the influence and you refuse a subsequent alcohol or drug test, you may automatically have your license revoked.
If you have previously been arrested for DUI (driving under the influence) and have previously refused an alcohol or drug test, you may have your license suspended for 18 months. After the revocation, you have ten days to contest the revocation.
How do you reinstate a License?
Getting your license back can be a tedious process. You may be required to attend several court dates in addition to paying hefty fees. To reinstate your license, you must file your request for a DHSMV hearing within the 10 day grace period.
Once the request to challenge the suspension is received, the DHSMV will grant you a 45-day “hardship license.” If you successfully contest your license revocation, you can have your driving privileges restored until the date of your DUI court date.
If you were arrested for driving at .08 blood alcohol content or higher, and your attempt at contesting the revocation is rejected, you will be barred from driving for 30 days. If this is a subsequent arrest where you have refused a drug or alcohol test, you will be barred from driving for 90 days.
Should you waive your right to a DHSMV Hearing?
Another alternative to attending a DHSMV hearing is to waive your rights and avoid the 30 and 90 days “sit-out” periods. Instead of attending a hearing, individuals who waive their rights must pay a license reinstatement fee, and may then drive using a temporary business purpose license directly after their arrest.
Waiving your right to a DHSMV hearing is not an option if you have an existing DUI in your history or another alcohol-related offense on your driving record.
This option is ideal for some individuals because while the suspension will remain on record, they can avoid the month(s) long waiting period. This is ideal for individuals whose employment or living arrangements require a driver’s license.
More Resources for DHSMV Hearing Information
Florida Department of Highway Safety and Motor Vehicles- This state site provides full information on Florida’s suspension laws and the process for reinstating a license.
Bureau of Administrative Reviews- This site offers a list of locations for review offices throughout Florida.
With several years of experience as a prosecutor, Evan A. Hoffman has extensive knowledge of Florida law with regards to what is required to prosecute individuals for driving under the influence, possession of controlled substances, and other offenses. He has handled more than 100 jury trials and over 120 non-jury trials giving him the skills necessary to represent you in a hearing.
Attorney Evan A. Hoffman is a skilled criminal defense attorney, ready to tackle the most difficult cases. If you or someone you know has had a licensed revoked due to a DUI charge, your time is extremely limited. Call The Hoffman Firm at (305) 249-0090 to schedule a meeting to discuss your charges.
This firm services North Miami, Miami-Dade County, and surrounding areas in Florida.