After any DUI arrest involving the suspicion of alcohol in the state of Florida, the Department of Motor Vehicles (DMV) will automatically suspend your license. The DMV will act independently of any criminal action by the State Attorney’s Office or criminal court of law.
Driving Under the Influence of Alcohol
After an individual is arrested for DUI their license will be taken by law enforcement and they will be issued a Uniform Traffic Citation which will act as their license for up to 10 days beginning the day after the date of arrest (for example, if you were arrested on the 5th day of the month, you will be able to drive on the citation until the 15th day of the month). This Uniform Traffic Citation will act as a full license during this 10 day window and can be used just like a standard driver’s license (It does not replace or substitute for a Commercial Driver’s License, or CDL). At the end of those 10 days, a suspension of all driving privileges will go into effect. The length and severity of the suspension will depend on the individual facts of your case as well as any prior DUI history you may have.
Prior to the expiration of the 10-day driving window, the law firm of Clark Law, P.A. will file paperwork for you with the DMV to challenge the legality and validity of any DUI arrest as well as get a temporary driver’s permit to keep you driving for up to 42 more days. During this time, we will have a hearing on your behalf (which you do not have to attend), and if we are successful can have your driver’s license fully reinstated at that time.
Please be aware that the immediate DMV suspension discussed in this section is independent of any additional suspension that may be issued by a criminal court of law after a DUI conviction or guilty plea.
This is a complicated process and can be extremely confusing. If you have been arrested for DUI or have any questions or concerns, please contact us immediately so we can help guide you through this difficult process and protect your rights under the law.
Driving Under the Influence of a Controlled Substance
In the state of Florida, after any DUI arrest involving the suspicion of controlled substances (which can include Xanax, Oxycodone, Roxycodone, and any substance controlled under Chapter 893 of the Florida Statute) there is NO immediate suspension by the Department of Motor Vehicles, or DMV. However, there is an exception to this rule. Any individual who voluntarily refuses to give a breath, blood, or urine test upon request by a law enforcement officer who reasonably suspects the individual is under the influence of a controlled substance at the time of driving WILL face an immediate suspension of their driving privileges by the DMV.
Having a valid prescription for any controlled substance is NOT a valid legal defense to DUI in the state of Florida.
If an individual suspected of being impaired by a controlled substance refuses to take a breath, blood, or urine test, their license will be taken by law enforcement and they will be issued a Uniform Traffic Citation which will act as their license for up to 10 days beginning the day after the date of arrest. This is the same procedure that occurs if you are arrested for DUI.
Hire an Experienced License Suspension Attorney
Both of the charges above represent a complicated process and can be extremely confusing. If you have been arrested for DUI, or have any questions or concerns, please contact us immediately at (855) 680-4911 so we can help guide you through this difficult process and protect your rights under the law.