Being arrested for driving under the influence can be one of the most stressful events a person can face.
Drivers often wonder how the charges can affect their lives.
In addition to criminal penalties, the driver also could face losing his or her right to get behind the wheel.
The driver's license suspension is a penalty that is separate from the criminal charges, and it often is effective immediately after the arrest.
In Florida, drivers arrested for a DUI have 10 days to request a hearing with the Florida Department of Highway and Motor Vehicles to combat the administrative license suspension.
The request for a hearing must be made in writing, and it must include the name, address, driver's license number and date of birth of the driver.
The request also must include a statement of the date of suspension and the county where he or she received notice of the suspension, according to Fla.
Stat.
§ 322.
2615.
There are two types of administrative license suspension hearings in Florida: a formal and informal hearing.
A formal administrative license review occurs 30 days after the request for a hearing is made, and is permitted when the individual makes a timely request for a hearing.
The formal review permits the driver to present witnesses and other evidence, in addition to performing cross examinations.
If the person facing suspension does not appear at the scheduled formal review hearing without just cause, the review will be waived and the license suspension will remain in effect.
In an informal hearing, the hearing officer examines any evidence or material submitted by the accused or law officer to determine if the suspension was justified by sufficient evidence.
The department then will let the driver know its decision regarding the suspension through the mail.
In some instances, the result of the hearing still is a suspension.
The length of the suspension depends on several different factors, including how many DUI arrests a driver has had previously.
The license revocation periods for drivers over 21 years old are: • First DUI Suspension with BAC.
08 or above: Six months • Second or Subsequent Suspensions for DUI with BAC.
08 or above: One year • First Suspension for Refusal to Submit to Test: One year • Second or Subsequent Suspensions for Refusal: Eighteen months In both types of hearings, those facing a suspension can have an attorney present.
The decision in the hearing is separate from the criminal case, but it still could be beneficial to have legal counsel for representation.
A criminal defense attorney can help fight to keep drivers behind the wheel.
In addition, certain information may be revealed in the administrative hearing that can prove useful during the criminal trial, especially details from witnesses or the arresting officer.
Invaluable evidence and prosecution strategies also might be presented, and a skilled criminal defense attorney could capitalize on it.