Driver Stopped at Sobriety Check Point; Refused Breathalyzer Test & License Becomes Suspended
Suspension Lifted!The Charges
The Police stopped a Driver at a late night sobriety checkpoint. The Driver performed the Field Sobriety Testing as requested by the checkpoint Officer. The Officer requested that the Driver also submit to a Breathalyzer Test. The Driver refused to participate and the Department of Highway Safety and Motor Vehicles suspended his license.
Formal Administrative Review Hearing
A Formal Administrative Review Hearing will need to be requested in order to attempt to regain your driver’s license. Florida law states that a police officer has every right to suspend your driver’s license if you have been drinking and your blood alcohol level is over .08% or you have refused to blow for the breathalyzer test.
You have 10 calendar days to request a formal administrative review hearing. If you do not act in a quick fashion, you will lose this chance to request this. Take note that Saturdays and Sundays will be included on this time period even though the Department of Highway Safety and Motor Vehicles are closed on those days.
If you do not hire an attorney to help fight your case, your driver’s license could be suspended for a very long period of time. Depending on the case, your license could be suspended anywhere from 30 days up to 18 months.
Before you have your formal administrative hearing, your attorney will have time to review your case. The attorney can subpoena the police officer that arrested you and cross-examine him/her. Most of the time, the defendant is not required to be at the hearing.
Licenses Suspended By The Department of Highway Safety and Motor Vehicles
Administrative penalties are harsher if you do not blow into the breathalyzer. The following penalties could be given in such cases:
- For a 1st time DUI with a blood alcohol content of .08% or higher, a driver’s license could be suspended for 180 days.
- For a 1st time DUI, with refusal to take the Field Sobriety Tests, a driver’s license could be suspended for one year.
- If this is your 2nd DUI, and with this DUI and the first one, you registered .08% or higher, your driver’s license will be suspended up to one year.
- If this is your 2nd offense, and you refused a breath test both times, you will face 18 months in jail.
Musca Law Firm
If you have been arrested for DUI and your driver’s license has been suspended, you will need to act quickly. Please do not hesitate to give Musca Law Firm a call at (888) 484-5057. We answer our phones 24 hours per day. Our team of highly skilled lawyers are ready to assist you in building up a strong and strategic defense to your charges. We have offices located across the state of Florida and will provide a free initial consultation to those that are interested in our services.
RESULT: The Defendant retained Musca Law Firm to defend his license suspension case. The Defense immediately requested a Formal Administrative Review Hearing with the DMV. The Defense subpoenaed the Officer at the scene and challenged the evidence presented against our Client. The Hearing Officer ruled in the Defense’s favor and LIFTED the suspension of the Client’s license.