In Florida, if a person is stopped and asked to perform a field sobriety test for DUI you will be asked to take a breath test. If the person refuses to take the test, or if the person's breath test results are 0.08% or greater, your drivers license will be suspended if a DUI arrest is made.
The Arrest and License Suspension
After an officer suspends a persons license, the officer will inform the person that:
- His/Her license will be suspended for a particular period of time. If the person refused to submit to the breath test, he/she will be informed that his/his license will be suspended for one year for the first refusal and up to 18 months for the second refusal. If the person took a breath test and blew over a 0.08% then the license will be suspended for 6 months. That suspension is referred to as an administrative suspension and is imposed by the Florida DHSMV.
- His/Her license suspension begins on the date of his/her arrest
- He/She may request an Administrative Hearing with the DHSMV, but must do so within 10 days of his/her arrest.
The 10 Day Rule
After a person is arrested for DUI, he/she only has 10 days from the date of his/her arrest to request an Administrative Hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Failure to schedule this hearing will result in automatic license suspension and will prohibit you from ever beating your administrative suspension. Hire a DUI Attorney, Save Your License!
If your drivers license has been suspended due to your DUI charges, it is important that you retain the services of a qualified DUI attorney. At the Law Offices of Finebloom & Haenel, we have helped numerous DUI clients contest the suspension of their drivers license. When you hire our experienced DUI attorneys, we will do everything we can to help you retain your drivers license. From scheduling your hearing with the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), to representing you at the hearing, our attorneys will employ every option to save your license. We can also help you obtain a hardship license so that your suspension does not affect your employment situation.
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