How does this affect my ability to drive? That question is one we hear from clients all the time after they have been charged or convicted with a Florida DUI. And this is not an unsubstantiated concern—Florida is a state where people rely heavily on their cars to accomplish their daily lives. With the heavy court fines associated with a DUI conviction, individuals need their cars to get to work if they want to make their payments in time!
In a Florida DUI case, the DMV places an affirmative obligation on drivers to schedule an administrative hearing within ten days of being charged with a DUI. If your BAC reading was over the legal limit or you refused to take a chemical test at the time you were pulled over then the state will temporarily suspend your license. A Formal Review Hearing represents the time when the court will decide whether or not your driver’s license will be reinstated or suspended. The sole purpose of the hearing is to determine your eligibility to drive, not whether or not you will be convicted of a DUI.
- If you win the review then you will have the ability to drive again. But just because you won the hearing does not mean that the whole ordeal is over. You still have a DUI charge to fight!
- If you lose your formal review hearing, then your Florida driver’s license will be suspended for either thirty or ninety days, depending on the facts of your case.
Getting a Florida hardship license is an option for those individuals that lost their hearing. Unfortunately, this option does not arise until your thirty or ninety day license suspension is over. Once it is, working with a Florida DUI attorney can help get you a hardship license as quickly as possible.
A hardship license will not come with the same driving privileges you were accustom to before you received your DUI. That being said, it is certainly better than nothing! A Florida hardship license will limit the scope of your driving. For instance, you may only be able to drive to and from work or school while you have the hardship license. Getting caught driving outside of the scope of your Florida hardship license will create a whole new set of hardships for you! These special licenses usually last for around forty two days and drivers are required to keep the special license with them at all times when he or she is driving.
We know how important keeping your license is to your livelihood and how scary dealing with the DMV and the Florida court system can be. If you have recently been charged with a DUI in Florida, give the law firm of Finebloom & Haenel P.A. a call today to discuss your case. We will work hard to defend the charges against you and also help get you the best results possible in your DHSMV hearing. Give us a call today for an obligation-free consultation.
Special thanks to Thomas Soldan for his help with this post.