Hardship License in Florida : After DUI
By: Denmon & Denmon Trial Lawyers | Posted: 07th February 2011
• Denmon & Denmon Trial Lawyers
While the you may be overwhelmed by the penalties and fines a DUI could possibly bring, the first penalty you will suffer, often is quickly which is ten days after the initial arrest for DUI, is the loss of the ability to drive due to a suspended drivers license. The DMV in Florida will suspend your ability to drive within ten days of your lawful arrest for driving under the influence if there is evidence that your BAC is over a .08, or if you refuse to submit to a lawful test of your blood, breath, or urine. This article will detail how your Tampa DUI attorney can help you get your hardship license back in both of these scenarios.
Obtaining a hardship license if your BAC was over a.08
A BAC above a.08 gets you a 6 month suspension the first time, and a 12 month suspension the second time. Your Florida DUI Lawyer knows how to request a formal review of the suspension on for you, provided you come to him within ten days of your DUI arrest. When the DUI lawyer requests the formal hearing, he will then obtain a hardship permit that lets you continue to drive until your hearing is completed. This is a hardship license, and it will be good for an additional 42 days.
While you continue to drive, the Tampa DUI Attorney will prepare for your dmv hearing. During that time, the DUI lawyer will obtain what the DMV refers to as , “the packet”: police reports, affidavits, inspection records and breath test maintenance logs. These will then be used to prepare your case for hearing. If your Florida DUI attorney can successfully argue that the police lacked the necessary probable cause for to arrest for DUI, or that the police failed to comply substantially with the rules regulating the blood, breath, or urine test, then the dmv will invalidate your driving suspension, and you will be back on the road.
If the suspension is sustained, the hardship license will be taken away, and a period of "hard" suspension will begin. This is a period of time, where no matter what, you cannot legally drive. No options exist, period.
The length of the hard suspension for a blood alcohol content over a .08 is 30 days. At the end of 30 days, you will be eligible for another hardship permit if you are enrolled in DUI school. Your Florida DUI attorney will set up a hearing at the dmv for you as soon as your are eligible to get you back on the road.
Obtaining a Hardship Permit if your refused to take the breathalyzer.
One of the negatives of refusing a breath test after a DUI arrest is the automatic administrative suspension of your license. Most of the same principles apply if your license is suspended for a refusal as if it was suspended for a BAC over a.08. For example, you must still get to a DUI Attorney within ten days of your arrest so your right to appeal is not waived. Then, the Attorney will prepare for your formal review hearing. Like the situation where one takes the test and fails with a result over a .08, if your dui lawyer is able to win your hearing, then the dmv will invalidate the suspension and reinstate your license. However, if your attorney loses this hearing a hard period suspension will go into effect. SO you actually have a chance without suspension if you have a competent DUI Attorney.
The hard suspension is for 90 days for a first refusal, and eighteen months for a second refusal to blow. That means if you are arrested for a DUI and refuse, and you had previously refused a test of your BAC, you cannot get a hardship permit for 18 months.
Please note that the suspension issues outlined above only deal with the dmv, or administrative suspension. Those convicted of a DUI will find their licenses suspended for a separate and distinct reason. If it is a first DUI conviction, the suspension is for 6 months to 1 year. On a first dui, you can go back and get another hardship permit if you have completed dui school and bring your certificate of completion. If you need a Tampa DUI Attorney, Contact one immediately.
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Tags: period of time, second time, scenarios, breath test, driving under the influence, police reports, urine test, affidavits, bac, dmv, probable cause