Department of Highway Safety and Motor Vehicles
(DHSMV) Administrative Hearings
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When you get arrested for DUI, your diver's license will be administratively suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This occurs immediately upon your arrest for DUI, and the officer will take your driver's license. The DUI citation that the officer issues you will act as your temporary driving permit for the next 10 days, before the administrative suspension kicks in.
An administrative suspension is different from any revocation imposed by the Court as a condition of your sentence. These suspensions are issued by the DHSMV, and are effective 10 days after your DUI arrest for varying periods based upon the number of previous suspensions or refusals.
If you are arrested for DUI and your blood alcohol content (BAC) is .08% or higher, then your driver's license will be administratively suspended for a period of 6 months for the first instance, and for 1 year for any subsequent instance.
If you are arrested for DUI and you refuse a valid breath, blood, or urine test, then your driver's license will be administratively suspended for a period of 1 year for the first refusal, and for 18 months for any subsequent refusals.
With an administrative suspension, you are not without recourse. You have the right to challenge your suspension with the DHSMV. You have 10 days from the date of your DUI arrest to request a formal hearing to determine whether the department will sustain, amend, or invalidate your administrative suspension. At the hearing, you will have the right to subpoena and cross examine the officers and any other witnesses, and you can present witnesses in your defense. Again, this is an administrative hearing and is separate and apart from the criminal proceedings.
At Brian F. Greenwald, P.A. we offer a full-service DUI defense. We will fight to keep your license at the administrative level, and we will fight your criminal charges in the Courts. Call our experienced Fort Lauderdale DUI lawyers today.