In many cases, license suspension poses a very real problem—for most people, driving is their most reliable method of transportation and one that they use to get to school, work, the grocery store, and even to court for their DUI hearings. If you are facing an immediate suspension of your license after a DUI charge, how can you protect your ability to drive?

Florida DUI defense attorneys can help you work within the state’s ten-day period to save your license, and your right to easy transportation. Depending on the circumstances involving your arrest, you may be able to obtain restricted driving privileges, or have your license restored completely.

How is a period of license suspension determined?

In Florida, drivers who have been charged with DUI face a period of license suspension, depending on their specific circumstances. Below are Florida’s mandatory minimum suspension periods for some of the most frequent DUI scenarios:

• First time offense with BAC of 0.08 or higher – 6 months
• First time offense and refusal to submit to chemical testing – 1 year
• First time offense and under 21 – 6 months
• First time offense, under 21, with refusal – 1 year
• Second and subsequent offense with BAC of 0.08 or higher – 1 year
• Second and subsequent offense with refusal – 18 months
• Second and subsequent offense and under 21 – 1 year
• Second and subsequent offense, under 21, with refusal – 18 months

The suspension timeframe varies based on how many prior convictions for DUI the driver has on his record and whether he submitted to a chemical test or not, and it’s effective immediately. That means when a driver leaves the police station after he’s been processed, and during the entire time he waits for his hearing, he is unable to drive anywhere. A license suspension can essentially trap a person in his home, leaving him with very few options to get around.

What happens in 10 days?

Drivers charged with DUI have ten days from the date of their arrest to challenge their license suspension with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Anyone who wants to challenge his license suspension requests an Administrative Review Hearing from the DHSMV, which will be scheduled around 30 days after the arrest. During this time, the driver will be issued a temporary permit, usually valid for 45 days.

At the review, if the DHSMV finds that there was no probable cause that led to the arrest, the charges will be dismissed and the license will be restored. If probable cause is found, the driver’s license will be suspended for 30 days (for BAC over 0.08) or 90 days (for refusal to submit to chemical tests) before he can apply for a Business Purposes Only (BPO) license. Drivers who have never had a DUI conviction are also able to apply directly for a BPO if they waive their right to an administrative hearing. 

Contact Skilled Criminal Defense Attorneys Today

Knowledgeable criminal defense attorneys can help you navigate your DUI charge, including the ten-day period to save your license. For more information about your options, contact us online or call our offices today at 321-953-0104.