One of the most pressing concerns for drivers arrested for DUI (Driving Under the Influence) in Florida is what happens to their driver's license. For many, the ability to drive is essential for maintaining employment, fulfilling family obligations, and conducting daily life. Therefore, understanding whether your license is suspended immediately after a DUI arrest and what steps to take next is critical.
What Happens to Your License After a DUI Arrest in Florida?
When you are arrested for DUI in Florida, the potential suspension of your driver's license is one of the immediate and significant consequences. In most cases, your license is not instantly taken away when the officer reads you your rights, but the process begins almost immediately.
Administrative Suspension After DUI
In Florida, a DUI arrest triggers two separate processes: a criminal case and an administrative suspension of your driver's license. The administrative suspension occurs even before your criminal case is resolved, and it’s tied to two main scenarios:
Failure of a Breathalyzer Test: If you are arrested for DUI and you fail a breath test (i.e., your blood alcohol content (BAC) is 0.08% or higher), your license will be administratively suspended for six months.
Refusal to Submit to a Chemical Test: If you refuse to take a breath, blood, or urine test, your license will be suspended for one year. A second refusal carries an 18-month suspension and may result in additional criminal penalties.
It’s important to note that the officer will issue you a temporary permit valid for 10 days after your arrest. During this time, you can drive for business purposes only (e.g., work, school, medical appointments). After the 10 days, your full suspension goes into effect unless you take action to challenge it.
How to Challenge a License Suspension After a DUI Arrest
Florida law provides an opportunity to challenge the administrative suspension of your license through a process known as a Formal Review Hearing. This hearing must be requested within 10 days of your arrest. If you do not request a hearing, your license suspension will remain in effect for the full duration—either six months for a failed test or one year for refusing a chemical test.
The Formal Review Hearing Process
The formal review hearing is held by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). During this hearing, you have the chance to contest the suspension of your license. This is not a criminal trial, but it is an administrative procedure where your attorney can present evidence and question the arresting officer about the circumstances of your DUI arrest.
Some key points that can be raised during the hearing include:
Was the traffic stop legal?
Did the officer have probable cause to arrest you for DUI?
Was the breathalyzer or other chemical test administered correctly?
Were there any technical errors or procedural issues during the arrest?
If successful, the administrative suspension of your license can be overturned, and your driving privileges can be restored. If the hearing is unsuccessful, you will need to adhere to the suspension period and explore options such as a hardship license.
Obtaining a Hardship License After a DUI Suspension
If your license is suspended due to a DUI, you may be eligible for a hardship license. A hardship license allows you to drive for essential purposes, such as going to work, school, or medical appointments. However, obtaining a hardship license requires fulfilling certain conditions.
How to Qualify for a Hardship License
Eligibility for a hardship license depends on the nature of your suspension:
For a first DUI offense (breathalyzer failure): You may apply for a hardship license immediately after completing DUI school.
For refusing a chemical test: You must wait 90 days before applying for a hardship license. During this time, you cannot drive at all.
The Role of Field Sobriety Tests in DUI Arrests
In many DUI cases, field sobriety tests (FSTs) play a crucial role in the decision to arrest a driver. These tests are designed to assess a driver's coordination, balance, and cognitive abilities to determine whether they are impaired. However, the reliability of these tests is often called into question, and a skilled DUI attorney can challenge their validity.
Common Field Sobriety Tests Used in Florida
There are three standardized field sobriety tests endorsed by the National Highway Traffic Safety Administration (NHTSA):
Horizontal Gaze Nystagmus (HGN): The officer observes the driver’s eye movements while they follow a moving object (such as a pen) from side to side. Involuntary jerking of the eyes, known as nystagmus, can indicate impairment.
Walk-and-Turn (WAT): The driver is asked to walk heel-to-toe in a straight line, turn, and walk back. The officer observes balance, coordination, and the ability to follow instructions.
One-Leg Stand (OLS): The driver must stand on one leg while counting aloud. The officer watches for signs of imbalance or swaying.
Factors Affecting the Accuracy of Field Sobriety Tests
Field sobriety tests are not foolproof, and several factors can impact their accuracy, leading to false indicators of impairment. These factors include:
Physical Conditions: Medical conditions such as inner ear disorders, neurological problems, or injuries can affect balance and coordination, leading to poor performance on field sobriety tests even when the driver is not impaired.
Environmental Factors: Uneven surfaces, poor lighting, adverse weather conditions, or heavy traffic can make it difficult for even sober individuals to perform field sobriety tests successfully.
Officer Subjectivity: Field sobriety tests rely on the officer’s interpretation of the driver’s performance. This introduces a level of subjectivity that can result in errors or biases during the assessment.
How a DUI Attorney Challenges Field Sobriety Tests
A knowledgeable DUI attorney can challenge the results of field sobriety tests by examining the conditions under which they were administered and scrutinizing the arresting officer's training and procedures. Common strategies include:
Questioning the Test Conditions: An attorney may argue that environmental factors, such as uneven pavement, poor weather, or inadequate lighting, negatively affected the driver’s performance and should be considered in court.
Highlighting Physical or Medical Conditions: If the driver has any medical conditions or physical limitations that could have impacted their ability to perform the tests, the attorney can present evidence to demonstrate that the poor performance was not due to impairment.
Scrutinizing Officer Training: Field sobriety tests must be administered according to specific protocols established by NHTSA. If the officer administering the test was not properly trained or did not follow the guidelines, the results may be deemed unreliable.
Challenging Officer Subjectivity: Since field sobriety tests rely on the officer’s subjective evaluation, the attorney can argue that the officer’s judgment may have been flawed or biased, resulting in an unfair assessment.
The Importance of Seeking Legal Representation After a DUI Arrest
The consequences of a DUI arrest can be severe, including the immediate suspension of your driver’s license, potential jail time, fines, and the long-term impact on your personal and professional life. Having an experienced DUI attorney by your side is essential to protecting your rights and navigating the complexities of both the administrative and criminal processes.
An attorney can help you challenge the suspension of your license, fight the DUI charges in court, and explore options for minimizing the penalties. With a knowledgeable legal advocate, you can ensure that all aspects of your case are thoroughly examined and that you have the best chance of securing a favorable outcome.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been arrested for DUI in Florida and are facing an immediate license suspension, it is crucial to act quickly. Musca Law, P.A. has a team of experienced DUI defense attorneys with a proven track record of success. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights, challenge your license suspension, and explore all your legal options by contacting Musca Law, P.A. today.