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The Importance of the First 10 Days after a DUI

If you are arrested in Florida for a DUI, the clock starts to tick right away regarding the consequences you face. You have a period of 10 days from the day you are arrested to take action and save your license. In most cases, it is best to hire a criminal defense lawyer in Miami to fully understand your rights and options.

The fact is, the length of your license suspension depends on if you refused to take a breath test, or if you took the breath test and the reading was over .08%. If you refused the test, your license is suspended for one year. If you took the test and the reading was .08% or higher, your license is automatically suspended for six months. If you have ever had your license suspended for a DUI in the past, you are facing a suspension of 18 months.

What to Expect after Your Arrest

During the initial 10 days after you are arrested, you will have three options to choose from. Discussing these options with your criminal defense lawyer in Miami will help ensure you know what option is best for you and what to expect.

Option 1: Take No Action

The first option is to not take any actions. If this is done, the suspension will take effect, and you’ll lose your ability to drive for the mandated period of time.

Option 2: Request an Administrative Review Hearing

The purpose of this hearing is to determine if the officer had probable cause to arrest you for the DUI. After you have requested this hearing, the department is going to issue you a permit that will expire within a period of 45 days. That is plenty of time to have the hearing.

During the hearing, if the Administrative officer discovers there was no probable cause, then the license suspension is going to be overturned. However, if there was probable cause for the arrest, you will receive a hard suspension of 30 days (if your alcohol level was under .08%) or for 90 days if you didn’t submit to take a breath test before you can apply for a BPO (Business Purposes Only) license.

Option 3: Immediately Receive a BPO License

If you waive the right you have to an Administrative Hearing, then in exchange you can be eligible to receive a BPO license right away. This is an option that is only available to you if you have never had a DUI conviction or DUI administrative suspension. If you want to be eligible for this, you have to enroll in DUI school and provide proof of enrollment to the DHSMV before you can receive the BPO license.

If you are ever arrested for a DUI, you should seek legal representation from a qualified criminal attorney right away. The lawyer you hire can ensure your rights are protected. You can find additional help and information at The Hansen Law Firm by calling 305-666-1603.

Author: M. G. Hansen

Marcia Giordano Hansen has been practicing law for almost 20 years. During this time, she has worked for the government at the Miami Dade Public Defender’s office representing indigent clients accused for state criminal offense; for an insurance defense firm wherein she represented doctors sued for medical malpractice and entities sued for negligence; and for a private white collar criminal defense firm practicing white collar crime defending individuals accused of social security fraud, Medicare fraud, drug trafficking and other federal crimes. Her wide range of knowledge in these different areas of law, coupled with the teachings of some of the most well respected legal minds in the country gives her a unique skill set which has benefited all of her clients resulting in victory and success in each case she has handled. Mrs. Hansen, in her own practice, has handled criminal defense cases, personal injury cases and real estate disputes. She speaks Spanish, French and is proficient in Italian which enables her to represent clients from all over the world. She is dedicated to the growth and success of Hansen & Taylor and prides herself in giving VIP treatment to each and every client. Marcia lives in Coral Gables with her husband and daughter. She is an avid sports fan, an animal lover and political junkie. She is also a supporter and member of the Board of Executive Relations for the Special Olympics of Miami, an organization dedicated to the well being of children and adults with disabilities.

What Past Clients Say

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I was referred to Mrs. Hansen by another lawyer with different expertise. From the very moment we first met and spoke about my case Marcia was a doll. Very knowledgeable in her field and good at explaining things in layman’s terms for those unfamiliar with legal jargon. I highly recommend her for any criminal cases. She was great at negotiating a plea deal for me and I’m satisfied with the outcome of this case. I’m very pleased with my decision to hire her as my representation.

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Previous Client 5 September 27, 2016

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