License Suspension after a DUI Arrest
After a DUI arrest in Florida, you have two serious issues to contend with, criminal charges and driver’s license suspension. After you are taken into custody, the arresting officer will destroy your license and issue a temporary one. The temporary license is only valid for ten days and can only be used for commuting to work or school. After the ten-day period, your license is automatically suspended unless you take unilateral action. For many people, driving is essential and necessary for everyday life. To protect your license privileges, you must schedule an administrative hearing and request a temporary license until your license is reinstated.
Requesting a Hearing
You can request an administrative hearing immediately after arrest and release from a detention center. If you take no action your license remains suspended for at least six months. After the hearing request is received, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will issue a hardship license until your hearing date. The hardship or restricted license is revoked if at the hearing the administrative officer determines your license should be suspended, you may be required to observe a waiting period until you can request another restricted license.
You also have the option to waive a hearing date and receive a hardship license for up to 1 year., after you enroll in and pass a DUI school class. DUI schools are approved by FLSMSV and costs are absorbed by the driver. The hardship license only allows you to drive to and from work or school, a doctor’s appointment or to purchase groceries. If you are held up in a traffic stop and the officer determines you violated your hardship license restrictions, your license can be suspended. In addition, previous DUI convictions render drivers ineligible for a hardship license.
Ignition Interlock Devices
IIDs, or ignition interlock devices, may be installed in driver vehicles if their license is reinstated or they are assigned a restricted license for work purposes. For first DUI convictions where the driver is convicted of driving with a BAC higher than 0.15, they must install an ignition interlock device for a 6-month period. For two DUI offenses, a defendant driver must consent to installation of an ignition interlock device in their vehicle for up to 1 year. The interlock device is installed by one of seven licensed and state-approved interlock device vendors and each month the driver pays to continue usage. Installation is paid for at the cost of the driver. To operate the vehicle, the driver must blow into the breathalyzer on the ignition device. If the driver fails the test the first time, they have to wait a mandatory period dictated by Florida law until they can attempt to start the vehicle again. If they fail a second time, the driver might need the system to be reset or the car to be towed, but the vehicle will not start.
Schedule a Consultation Today
Tampa DUI defense attorney Bryant Scriven is well-versed in the DUI arrest process. As a former prosecutor, he knows how hard the State will work to convict and how challenging it can be to retain license privileges after a DUI. You need an attorney who will defend your civil liberties and work to protect your reputation, your permanent record, your driving privileges and your freedom. Don’t let one bad mistake ruin your life. You can take action and work diligently to preserve your driving privileges. Contact Mr. Scriven today to schedule a free consultation.