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.