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What happens to my driver's license if I am arrested for DUI in Florida

Posted by John P. Rutkowski | Jul 13, 2022 | 0 Comments

ADMINISTIRATIVE LICENSE SUSPENSION

When charged with DUI the Department of Highway Safety and Motor Vehicle (DHSMV) will suspend your driver's license if the results of your breath or blood test was .08 or higher, or you refused the breath/blood/urine test. The DUI citation serves as a temporary permit to drive for 10 days. You have 10 days from the date of the citation to either waive or request a formal review hearing. If you waive the hearing, and this is your first DUI, you will be eligible for a Business Purpose Only (BPO) Driver License right away. If you request a formal hearing and this, is your first DUI, you will be issued a temporary license (in the form of a letter) that is valid for 42 days. The hearing, which is telephonic, will be held within the 42-day period. If you prevail at the review hearing you will be able to retain your driving privilege, if you do not prevail at the hearing, your license will be suspended and you will have to wait 30 days to request a BOP license.

At the review hearing the officer must show that there was a valid reason for the stop (probable cause) that you were properly advised of the field sobriety Test (FST's) and they indicate impairment, that you were properly advised of the breath test and if there was a refusal the consequences of the refusal.

There is a $25.00 fee to apply for the formal review hearing or waive the administrative the formal review hearing. Further, if you are waiving the review hearing, along with the fee, you must provide proof to the DHSMV that you have registered for the DUI school.

The license suspension at this point is administrative and separate from any suspension which will result if convicted of the DUI. If this is a subsequent DUI you are not eligible for a BPO license. If you refused a DUI breath, blood or urine test in the past you are not elidable for a BPO license.

OUT OF STATE DRIVER LICNESE

If you are from out of state or have an out of state driver's license the officer/deputy is not supposed to take your license at the time of the stop and arrest, although some do. If you are arrested for DUI the state of Florida will issue you a Florida driver license number and administratively suspend your privilege to drive in Florida. Florida will not contact your home state and advise of the administrative suspension and your home state license is not administratively suspended in your home state. If you are convicted of DUI by trial or plea of guilty or no contest, Florida will resuspended your privilege to drive and notify your home state of the DUI conviction and your privilege to drive being suspension in Florida. Your home state will take whatever action, concerning your license, that is appropriate in that state. 

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses.

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John P. Rutkowski, Attorney at Law, firm represents clients in the areas of Criminal Defense, DUI, BUI, Criminal Traffic Offenses. Contact Mr. Rutkowski today for a free telephone consultation.

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