Preserving Your Driving Privileges
If you are arrested on suspicion of a DUI in Florida, your license will likely be suspended. Suspension is automatic if you refuse to take a breath test, if your breath test shows your blood alcohol concentration higher than .08 percent, or if you refuse a lawful request for a blood or urine test to challenge the suspension at a formal review hearing that is separate from the criminal proceedings of DUI charges. The formal review is conducted by a branch of the Department of Highway Safety and Motor Vehicles. This hearing is the only way to challenge your license suspension.
In addition to the opportunity to fight the suspension, the formal review hearing can also provide valuable information for the criminal case. Witnesses will give sworn testimony that can be used in court. You must have an experienced attorney representing you from the start. At the law firm of Ringsmuth, Day & O’Halloran, our Fort Myers driver’s license suspension attorneys work diligently to preserve the driving privileges of our clients who have been arrested on suspicion of DUI in Florida.
For skillful representation in order to challenge the suspension, you must request a formal review hearing within 10 days of your arrest. If you don’t, the suspension will automatically take effect. When you hire our firm, we will immediately request a hearing. We will attend the hearing and cross-examine all of the relevant witnesses who appear in your case, including police officers and civilian witnesses. These hearings can provide helpful insight into the DUI case. The witnesses may provide information that the state attorney’s office does not have.
During your hearing, we will present the strongest possible argument to preserve your ability to drive. If we are successful, your license will be reinstated and you will be able to drive without any restrictions. If the hearing officer upholds the suspension, you will be required to serve a “hard time suspension.” A hard time suspension is a period of time during which you’re unable to drive for any reason, no matter what your personal circumstances are. After the hard time has been served, we can help you seek a hardship license that allows you to drive to work, school, and to religious services.