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Review Hearings For Administrative Suspensions

If you are stopped for driving under the influence and you blood or breath alcohol level is .08 or above or if you refuse to take a test to determine the amount of alcohol in your system, the officer will take your license and you will receive a DUI citation.

The citation will allow you to drive for 10 days. During those 10 days you have the right to challenge this administrative suspension of your license through the Department of Highway Safety & Motor Vehicles (DHSMV).  You only have 10 days from the date the police and you take your license to challenge the suspension NOT 10 business days, 10 calendar days. If you took the breath test and blew .08 or above and applied for a hearing your ability to drive will be extended an additional 30 days.

If you were charged with DUI after July 1, 2013 and you never had your license suspended for a DUI you may be eligible for an immediate hardship license. Within 10 days of your arrest, you can voluntarily waive or give up your rights to a DSHMV Formal Review Hearing. Although this waiver results in the automatic administrative suspension of your privilege to drive, it also allows the DHSMV to allow for a hardship license. This will allow you to keep you driving on an uninterrupted by using a hardship license.

A Formal Review Hearing is not the same as a Hardship License hearing.  The Formal Review Hearing is for the sole purpose of challenging the administrative suspension of your driving privilege on the night of your DUI arrest and to avoid the thirty or ninety-day period of no driving.

A Hardship License Hearing is conducted to determine if you qualify for the privilege of getting a restricted license. This hardship license only allows driving for essential purposes related to maintaining your livelihood during any period that your regular driver's license is suspended. 

LICENSE SUSPENSION PERIODS:

For a first offense, your suspension will last for six months with a 30-day hard suspension. If you refused to test, then the suspension is for 12 months with a 90-day hard suspension.

For a second offense in which you took the breath test and have no prior refusals, the suspension is for 12 months with a 30-day hard suspension.  If you refused to test for the second offense, then the suspension is for 12 months with a 90-day hard suspension unless the prior suspension was also for a refusal. For a second refusal, the suspension is for 18 months with an 18-month hard suspension.

For a third offense in which you took the breath test or refused, the suspension is for 12 months with a 12-month hard suspension unless any prior suspension was for a refusal. For a second or subsequent refusal, the suspension is for 18 months with an 18-month hard suspension.

Contact us

John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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