Understanding Suspensions, Hardship Licenses, and Protecting Your Driving Privileges
Being arrested for a DUI (Driving Under the Influence) in Florida can have significant and immediate consequences for your driver’s license. In addition to the criminal penalties, a DUI arrest triggers an administrative process that can result in the suspension of your driving privileges. Florida’s laws concerning DUI are strict, and knowing how a DUI arrest affects your driver’s license is crucial to retaining your ability to drive. This article covers administrative license suspensions, the process for obtaining a hardship license, and steps you can take to protect your driving privileges after a DUI arrest. Additionally, we will explore how a DUI attorney challenges field sobriety tests used in DUI stops.
Administrative License Suspensions After a DUI Arrest
When you are arrested for a DUI in Florida, two separate processes are initiated: the criminal case and an administrative action against your driver’s license. The administrative suspension occurs automatically and is separate from any court-imposed penalties.
Immediate License Suspension
If you are arrested for a DUI and either refuse to take a breathalyzer test or register a blood alcohol content (BAC) of 0.08% or higher, your driver's license will be suspended immediately. This is known as an administrative suspension and is enforced by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The suspension begins 10 days after your arrest, during which time you can drive using a temporary permit provided by the arresting officer.
- First Offense: The administrative suspension for failing a breath test (0.08% BAC or higher) is 6 months. If you refuse to submit to testing, the suspension period is 12 months.
- Second or Subsequent Offenses: For second or subsequent DUI offenses, the suspension for failing a breath test is 12 months, and for refusing the test, it is 18 months.
Requesting a Formal Review Hearing
After a DUI arrest, you have the right to challenge the administrative suspension by requesting a formal review hearing. This request must be made within 10 days of your arrest. At the hearing, you or your attorney will have the opportunity to challenge the legality of the stop, the arrest, and the breath or chemical test results. A successful formal review hearing can result in the reinstatement of your full driving privileges. However, if the hearing is unsuccessful, the suspension will remain in effect.
Obtaining a Hardship License
If your driver's license is suspended after a DUI arrest, you may be eligible for a hardship license, which allows you to drive for specific purposes, such as work or school, while your suspension is in effect.
Types of Hardship Licenses
There are two types of hardship licenses available to those whose licenses have been suspended due to a DUI arrest:
- Business Purposes Only (BPO) License: This license allows you to drive to and from work, school, medical appointments, and religious services.
- Employment Purposes Only (EPO) License: This license is more restrictive and only permits driving to and from work.
Eligibility for a Hardship License
To be eligible for a hardship license, you must meet certain conditions:
- First Offense: If this is your first DUI offense, you may apply for a hardship license after completing a DUI school program. You must also serve at least 30 days of your suspension if you refused a breathalyzer test, or no mandatory waiting period if you took the test and failed.
- Second or Subsequent Offenses: For a second DUI offense, you are required to complete DUI school and serve a longer suspension period before being eligible for a hardship license. For those who refused the breath test multiple times, you may be ineligible for a hardship license altogether.
Steps to Obtain a Hardship License
- Complete DUI School: Enrollment in a state-approved DUI school is mandatory to be eligible for a hardship license.
- Request a Hearing: You must apply for a hardship hearing with the FLHSMV. At this hearing, you will need to demonstrate that losing your license causes undue hardship and that you need the license for specific purposes (such as employment or school).
- Wait for Approval: If the hearing officer approves your application, you will be issued a hardship license allowing you to drive under the specified conditions.
Protecting Your Driving Privileges After a DUI Arrest
To minimize the impact of a DUI arrest on your driving privileges, there are several steps you can take.
Act Quickly
Since you only have 10 days from the date of your arrest to request a formal review hearing, time is of the essence. Failing to act within this window will result in the automatic suspension of your driver’s license, and you will have to wait before you can apply for a hardship license.
Enroll in DUI School
Completing or enrolling in a DUI school program promptly can make you eligible for a hardship license more quickly. Some counties in Florida allow you to apply for hardship licenses immediately upon enrolling in DUI school, which can help reduce the time you are without driving privileges.
Seek Legal Representation
A skilled DUI attorney can guide you through the complex process of administrative license suspensions and help protect your driving privileges. Your attorney can request the formal review hearing on your behalf, present a strong defense during the hearing, and help you apply for a hardship license if necessary.
How a DUI Attorney Challenges Field Sobriety Tests in Florida
Field sobriety tests are often used by law enforcement as part of the DUI investigation process to determine whether a driver is impaired. These tests, however, are not foolproof and are prone to errors. A DUI attorney can challenge the validity of field sobriety test results in several ways.
Questioning the Test Conditions
Field sobriety tests are often administered under less-than-ideal conditions. Factors such as uneven road surfaces, poor lighting, and adverse weather conditions can significantly affect a person’s performance. A skilled attorney can challenge the reliability of the test results by highlighting these environmental factors.
Examining the Officer’s Training and Conduct
Field sobriety tests must be administered by officers who are properly trained in standardized testing procedures. If the officer did not follow the proper guidelines or lacked adequate training, the test results may be invalid. Your attorney can investigate the officer’s qualifications and challenge the test administration.
Highlighting Medical Conditions
Certain medical conditions or physical limitations can affect a person’s ability to perform field sobriety tests. Balance issues, injuries, neurological disorders, and age-related impairments can all impact test performance. An attorney can introduce evidence of these conditions to explain why the results of the field sobriety tests may not be accurate indicators of impairment.
Arguing Subjectivity
Field sobriety tests are largely subjective, relying on the officer’s interpretation of the driver’s performance. A DUI attorney can argue that the officer’s judgment was flawed or biased, leading to an inaccurate conclusion. In many cases, body camera or dashcam footage can be used to show that the driver’s performance was not as poor as the officer claimed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing a DUI charge in Florida, protecting your driving privileges should be a top priority. Musca Law, P.A. has a team of experienced DUI defense attorneys who are dedicated to helping clients retain their driver’s licenses and avoid the severe consequences of a DUI conviction. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Don’t wait—contact Musca Law today to get the legal help you need to protect your future.