Your 1st DUI and your License
by
Chloe Alyn on Jun. 25, 2016
Criminal DUI-DWI Criminal Misdemeanor Criminal
Summary: Informing you of your rights and available steps for your license suspension upon being stopped and arrested for DUI.
If
you have been stopped for a DUI, arrested, handed some papers and now don’t
know what to do, you should contact an attorney quickly. A person
stopped for DUI in Florida has a mere 10 days from the date
of arrest to decide what to do about a driver’s license suspension.
Generally,
a person charged with their first DUI will be subject to a 6 month suspension
or 12 month suspension for a refusal to take the breath test. Three
choices are available: do nothing, waive the right to a hearing, or demand
a hearing regarding the suspension. You should speak to an attorney
about what choice is right for your life style and for your case facts.
DO
NOTHING: A person who chooses not to submit a waiver or demand a hearing, will
by default have a suspended license.
WAIVER:
If a person waives their right to a hearing they may
qualify for a temporary license. They would need to
enroll for DUI school (this can cost around $275 and can vary by
area/agency) and apply for a hearing to determine eligibility.
HEARING:
If a person demands a Board of Administrative Review (BAR) Hearing, an attorney
may subpoena witnesses to testify. A hearing would be held to determine if
there was enough evidence to justify a suspension. If the
drier loses the hearing they will suffer a hard suspension where they
will not be eligible for any temporary license: 30 days for a breath test above
a .08, and 90 days for a refusal of a breath test. If a driver
wins the BAR hearing their license would not be suspended
unless they were later found guilty of the DUI in criminal
court.
The
BAR administrative hearing is separate from a DUI criminal case and either
one can cause a license suspension.
Contact our office to learn
more about your driver license rights.
