What You Need to Know About DUI-Related Suspensions and How Florida Laws Affect Your Driving Privileges
Florida's administrative suspension laws come into play the moment you're arrested for driving under the influence (DUI). These laws deal with the immediate impact on your driver's license, separate from any criminal penalties that may come later. If you've been arrested for a DUI, it's crucial to understand how these administrative suspension rules work, what legal options you have, and how to challenge the suspension to avoid losing your driving privileges.
What is an Administrative Suspension in Florida?
When you're arrested for a DUI in Florida, your driver's license is automatically suspended through an administrative process. This suspension is imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) regardless of whether you're eventually convicted of DUI in court. Administrative suspensions occur for two main reasons:
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Refusal to Submit to a Breath, Blood, or Urine Test: Under Florida's "implied consent" law, you're required to submit to chemical testing if you're arrested for DUI. If you refuse, your license can be suspended for 12 months for a first refusal and 18 months for any subsequent refusals. Florida Statute § 322.2615 governs this suspension.
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Failure of a Breath or Blood Test: If you submit to a breath or blood test and your blood alcohol content (BAC) is 0.08% or higher, your license will be suspended for six months on a first offense. If you’ve previously been convicted of DUI, your suspension will likely be longer.
The 10-Day Rule: Requesting a Formal Review Hearing
One of the most important things to understand is that you have a very limited window to challenge the administrative suspension of your license. Florida law allows you 10 days from the date of your DUI arrest to request a formal review hearing with the DHSMV. This hearing is your chance to contest the suspension and potentially keep your driving privileges while the criminal case proceeds.
At the formal review hearing, you and your attorney can present evidence, question witnesses, and make arguments as to why the suspension should be lifted. These hearings are separate from the criminal court process and focus solely on whether the administrative suspension was imposed correctly under Florida law.
If you do not request a hearing within the 10-day period, your license suspension will automatically take effect, and you’ll lose the ability to contest it.
Hardship Licenses in Florida
Even if your license is administratively suspended, you may be eligible for a "hardship license." A hardship license allows you to drive to specific places like work, school, or medical appointments. To qualify, you'll need to complete a DUI school or substance abuse course and apply through the DHSMV.
There are two types of hardship licenses available in Florida:
- "Business Purposes Only" License: This type of license permits driving for employment purposes, including travel to and from work, school, church, and other essential life activities.
- "Employment Purposes Only" License: This option is more restrictive and only allows you to drive directly to and from your place of employment.
Keep in mind that if this is your first administrative suspension, you’re generally eligible for a hardship license immediately. However, if you refused to submit to a breath test and it's your second refusal, you may not be eligible for a hardship license at all.
Challenging the Suspension in a Formal Review Hearing
If you decide to challenge the suspension at a formal review hearing, you'll need to be prepared to address several key issues:
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Probable Cause for the Traffic Stop: Was the officer justified in pulling you over in the first place? If there was no valid reason for the stop, the administrative suspension may be overturned.
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Proper Procedures for the Chemical Test: If you submitted to a breath, blood, or urine test, your attorney can investigate whether proper procedures were followed in administering the test. Any irregularities can form the basis of a challenge.
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Implied Consent Issues: If you refused to submit to testing, your attorney may argue that you were not properly informed of the consequences of refusing the test, or that the refusal was not truly voluntary.
The outcome of the formal review hearing can have a significant impact on your ability to drive, so it’s essential to have legal representation during this process.
Florida’s Implied Consent Law and Its Consequences
Florida’s implied consent law, found in Florida Statute § 316.1932, means that when you drive on Florida roads, you automatically consent to chemical testing if you are lawfully arrested for DUI. Refusing to submit to testing can have serious consequences. Beyond the administrative suspension of your license, you could also face criminal penalties if you have refused testing in the past. Multiple refusals can be charged as a separate misdemeanor offense under Florida Statute § 316.1939.
If you are convicted of this additional charge, the penalties include fines, potential jail time, and further suspension of your driving privileges.
How Long Will My License Be Suspended?
The length of your administrative suspension depends on the specific circumstances of your case:
- First Offense, Failed Test: A six-month suspension is imposed if this is your first offense and your BAC was 0.08% or higher.
- First Offense, Refusal to Submit to Testing: A 12-month suspension is imposed for a first-time refusal.
- Second or Subsequent Offenses: If this isn’t your first DUI-related arrest, suspensions increase. For instance, a second refusal results in an 18-month suspension and ineligibility for a hardship license.
Remember, these administrative suspensions are separate from any penalties the court may impose if you’re convicted of DUI.
How to Reinstate Your License After an Administrative Suspension
Once your suspension period has ended, there are specific steps you’ll need to follow to reinstate your license:
- Complete DUI School: You'll need to attend and complete DUI school, which is required for both hardship licenses and full reinstatement.
- Pay the Reinstatement Fee: The DHSMV requires you to pay a fee to reinstate your license.
- Submit Proof of Insurance: You'll also need to provide proof of financial responsibility, commonly known as FR-44 insurance, which carries higher liability limits than standard auto insurance.
By complying with these requirements, you can restore your driving privileges, though the exact timeline depends on whether you were granted a hardship license during your suspension.
Florida Administrative Suspension Law FAQs:
How can I tell if my traffic stop was lawful?
The legality of a traffic stop is a crucial issue in DUI cases. Under Florida law, law enforcement must have a valid reason—known as probable cause—to pull you over. This could include erratic driving, speeding, or another traffic violation. If the stop was not based on probable cause, the evidence gathered afterward, such as the results of a breath test, could be challenged in both your administrative hearing and criminal case.
What happens if I don't request a formal review hearing within 10 days?
If you don't request a formal review hearing within 10 days of your DUI arrest, your administrative suspension will automatically take effect. This means you’ll lose the chance to contest the suspension and could be without a license for the duration of the suspension period, which could last several months. However, you may still be able to apply for a hardship license, depending on your circumstances.
Can I refuse to take a breathalyzer test in Florida without consequences?
You can refuse, but there are significant consequences. Refusing a breath test triggers an automatic administrative suspension of your license. For a first refusal, your license could be suspended for 12 months. For any subsequent refusals, the suspension jumps to 18 months, and you may face a separate criminal charge for multiple refusals. It’s important to weigh these consequences carefully before refusing to take a breath test.
Am I eligible for a hardship license if I refuse a breath test?
If this is your first DUI arrest and you refused the test, you may still be eligible for a hardship license after completing DUI school. However, if you've previously refused a breath test, you could be ineligible for a hardship license altogether. Each case is unique, so it's important to review your eligibility with an experienced attorney.
What is a hardship license, and how do I apply for one?
A hardship license allows you to drive for limited purposes, such as going to work or school, during the period of your administrative suspension. To apply, you must complete DUI school and then submit an application to the DHSMV. You will need to provide proof of enrollment in the course and pay the necessary fees.
Can my license be suspended if I'm found not guilty of DUI?
Yes, your license can still be suspended administratively even if you're found not guilty of the DUI charge in criminal court. The administrative suspension is a separate process handled by the DHSMV, and it only looks at whether you refused a breath test or had a BAC over the legal limit at the time of arrest.
Conclusion and Call to Action:
Understanding Florida’s administrative suspension laws is critical if you’ve been arrested for DUI. Acting quickly to request a formal review hearing and exploring your options for a hardship license are key steps in protecting your driving privileges. At Musca Law, we are here to guide you through this process, ensure your rights are defended, and help you achieve the best possible outcome in your case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.