Being arrested for driving under the influence (DUI) of alcohol or drugs can have a huge impact on your life. Even before a conviction, one of the first challenges defendants can face is having their driver’s license suspended. After all, for many Floridians, a driver’s license is a necessity for getting to work and doing nearly any everyday task.
If you or someone you know has been arrested for a DUI in Florida, the following guide can help you determine when a license suspension may occur. You can also learn how an attorney can help with reinstatement while fighting for your rights and the best outcome in your DUI case.
Understanding DUI and DUI Laws in Florida
Due to the risks to safety and property it poses, DUI is illegal in Florida and comes with heavy penalties and fines. A driver can be found guilty of DUI if he or she is in physical control of a vehicle while being impaired by alcohol or another mind-altering substance. In Florida, the legal limit for blood alcohol content (BAC) is .08 percent, which can be determined through testing, after a police officer has found probable cause through methods such as field sobriety testing (FST).
Penalties for a first DUI conviction include:
- At least a $500 fine and up to a $1,000 fine
- Up to six months of jail time
- 10 days vehicle impoundment
- 50 hours of community service
- 180 days of license suspension
These penalties become more severe on subsequent convictions, with fines increasing to up to $2,000, jail time up to nine months, and one year of license suspension for a second conviction. Penalties can also increase depending on factors such as a BAC level higher than .15, or if there was a minor in the vehicle.
Immediate License Suspension and the 10-Day Reinstatement Window
In Florida, your license is suspended immediately upon arrest for DUI. For the following 10 days, known as the “10-day window,” drivers may drive by using the DUI ticket as a permit. During this time, drivers can also request an administrative hearing to determine if the officer had probable cause to make a DUI arrest.
This hearing will determine if the license is fully suspended, partially suspended, or reinstated, depending on the circumstances of the case. Defendants can also waive the hearing in exchange for an immediate hardship license. Anyone arrested for a DUI should know they almost always have legal options for regaining their license.
How Previous DUI Convictions Impact License Suspension
If a person has been previously convicted of a DUI, license suspension becomes more severe and the ability to challenge the suspension or obtain a hardship license becomes more difficult. For a second conviction, the driver’s license can be suspended for five years. For a third conviction, it increases to 10 years. Upon a fourth conviction, defendants can face permanent loss of license.
In most cases, those with subsequent convictions for DUI are ineligible for a hardship license during the first year. For second convictions, a hardship license that enables travel to work can be requested after a year. For third convictions, the waiting period is two years.
DUI License Suspension Frequency
Full and total license suspension happens less frequently than many people think. During the 10-day reinstatement window, many defendants are able to successfully challenge their DUI arrest and have their licenses reinstated. Additionally, even with a hardship license, drivers still have the ability to drive to necessary functions.
How a DUI License Suspension Attorney Will Fight to Protect Your Rights
Working with an experienced and persistent DUI defense attorney can help ensure you have the best possible outcome for your case. This includes fighting to reinstate your license, if there are any grounds to do so.
Police officers have very strict guidelines they must follow to ensure that they are protecting the rights of the people they serve. Factors that could affect the legitimacy of a DUI arrest and resulting license suspension include:
- Illegal or questionable traffic stops
- Conflicting evidence or witness testimony
- Improperly performing or explaining FSTs
- Improperly administering BAC testing
- Malfunctioning or miscalibrated testing equipment
- Not performing the test within the proper time frame
Prior to the expiration of the 10-day driving window, your lawyer can file paperwork 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, attorneys can hold additional hearings on your behalf with the goal of fully reinstating the license at that time.
Contact Clark Hartpence Law Attorney for Legal Help after a DUI
If a DUI arrest is the cause of your suspended license, consider discussing your case with a Florida attorney who specializes in DUI convictions. We have the experience and skills to handle your suspended driver’s license case.
For more information, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.