The length of the administrative suspension after a DUI arrest in Florida depends on whether a prior administrative suspension has occurred and whether the prior suspension was for a refusal or BAC over .08.
First Offense
- If you took the breath test your driver’s license will be suspended for six (6) months with a thirty (30) “hard suspension” – meaning that you can not driver for any reason for those thirty (30) days.
- If you refused the breath test your driver’s license will be suspended for twelve (12) months with a ninety (90) day “hard suspension” – meaning that you can not driver for any reason during those 90 days.
- For a DUI arrest that occurs after July 1, 2013, you can request a review of eligibility for a “Business Purpose Only” (Hardship License) restricted driving privilege to avoid the hard suspension period but that request will waive your right to a formal or informal review hearing.
Second Offense
- If you took the breath test twelve (12) month suspension with a thirty (30) day hard suspension. – meaning that you can not driver for any reason for those thirty (30) days.
- If you refused the breath test and the first offense was after a breath test, then a twelve (12) month suspension will follow with a ninety (90) day hard suspension – meaning that you can not driver for any reason during those 90 days.
- If you refused the breath test and the first offense was after a refusal, then your license will be suspended for eighteen (18) months with all eighteen months being a hard suspension – meaning that you cannot get a hardship license.
Third or Subsequent Offense
- If you took the breath test twelve (12) month suspension with all twelve (12) months being a hard suspension – meaning that you cannot get a hardship license.
- If you refused the breath test and all of the prior offenses were after a breath test, then a twelve-month suspension with 12 months of hard time will follow – meaning you cannot get a hardship license.
- If you refused the breath test and one of the prior offenses was a refusal, then an 18-month suspension with 18 months of a hard suspension will follow – meaning you cannot get a hardship license.
Keep in mind, if you are being charged with a DUI or DWI offense, contact our criminal defense lawyers in Riverview today.
In-Vehicle Breathalyzer
An in-vehicle breathalyzer, also known as an Ignition Interlock Device (IID), is a mechanism installed in vehicles to prevent the engine from starting if the driver’s BAC exceeds the legal limit. This device ensures that individuals convicted of DUI can only operate their vehicle sober. Florida law requires most people convicted of DUI to install an IID on their vehicles as a condition for the reinstatement of their driver’s license.
Florida Statutes Section 316.193
- For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
You will be responsible for paying for the IID installation as well as monthly monitoring fees, which average $70 for installation and between $65 and $75 for monthly monitoring and calibration. Additional fees may also apply for violations, missed appointments, and case management services.
The IID must be installed for a certain period of time depending on the severity of the DUI offense. For a first offense, the court may order installation for up to six months, especially if the offense involved a high BAC or a minor in the vehicle. A second conviction necessitates at least one year of IID use, which extends to two years if aggravated circumstances are present. A third conviction mandates at least two years of IID usage, and DUI manslaughter convictions require a minimum of two years as well.
Collateral Consequences
Beyond the immediate legal penalties and the requirement for an IID, a DUI conviction in Florida carries significant collateral consequences that can affect various aspects of your life. These may include:
- Mandatory Adjudication of Guilt: In Florida, the court is compelled to adjudicate guilt for DUI offenses. This eliminates any possibility of receiving a suspended sentence or probation without a formal conviction. The label of a DUI conviction can severely hinder your social and professional image, affecting your relationships and job prospects.
- Withhold of Adjudication: A withhold of adjudication allows defendants to avoid the full impact of a conviction, but this relief is unfortunately not available for DUI charges in Florida. This means that you are left to face the full consequences of the conviction.
- Fewer Job Opportunities: The permanence of a DUI conviction on your record can have lasting implications. Employment opportunities may become limited as many employers conduct background checks that reveal DUI convictions. This can result in lost job opportunities or even termination from current employment, especially in industries where a clean driving record is essential.
- DUI Insurance: People convicted of DUI in Florida are required to procure bodily injury liability insurance at higher limits than standard policies. This requirement not only increases insurance premiums but also serves as a constant financial reminder of the DUI conviction.
- Wrongful Death Lawsuits: If the drunk driving accident results in someone else’s death, you may find yourself facing a wrongful death lawsuit. These claims seek to hold defendants financially responsible for the damages associated with the death, such as final medical expenses, funeral costs, and pain and suffering. The guilt and trauma from causing loss of life can lead to long-lasting psychological issues, further compounded by the financial strain of potential wrongful death lawsuits.
DUI Administrative Hearings
You only have 10 days after your DUI arrest to request a formal review hearing to contest the administrative suspension of your driver’s license. The rules for the administrative suspension are found in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code. The administrative suspension occurs after a DUI arrest for any refusal case or breath test reading over .08.
The DUI formal review hearings are scheduled at the Bureau of Administrative Reviews office in the county where the DUI arrest occurred. The hearing must be scheduled no later than thirty (30) days after the request is made. After requesting the hearing, a Notice of Formal Review Hearing / Prehearing Order is issued. If you are eligible a temporary driving permit is enclosed with the notice of formal review hearing, which allows you to continue driving for business purposes only for another 42 days. The DUI permit will become effective when the ten-day permit expires.
At the formal review hearing, the Florida DHSMV hearing officer will determine by a preponderance of the evidence presented whether sufficient cause exists to sustain, amend or invalidate the suspension of the driver’s license pursuant to Florida Statutes Section 322.2615.
The issues we will be contesting during the DUI formal review hearing when it is alleged that the driver blew over the limit are:
- Whether the DUI officer had probable cause to believe the individual was driving or in actual physical control of the vehicle while under the influence of alcoholic beverages or chemical or controlled substances.
- Whether the individual had an unlawful blood-alcohol level or breath alcohol level of .08 or higher as provided in Florida Statute 316.193.
The issues we will be contesting during the DUI formal review hearing when it is alleged that the driver refused to submit to a breath or urine test are:
- Whether law enforcement had probable cause to believe the individual was driving or in actual physical control while under the influence of alcohol or a controlled substance;
- Whether the individual refused to submit to a urine or a test of his breath or blood alcohol level after being request to submit by a law enforcement officer; and
- Whether the individual was told that if he refused a test that his privilege to operate a motor vehicle would be suspended for a period of one year, or in the case of a second or subsequent refusal, for a period of eighteen months.
Benefits of requesting the Formal Review Hearing under Florida law include:
- Requesting the formal review hearing gives you the opportunity to obtain a 42-day hardship license so that you can continue to drive while your attorney fights the administrative suspension.
- You will automatically win the administrative hearing if the arresting officer or breath test operator fails to appear after being served with a subpoena.
- If another witness fails to appear, you can obtain another extended driving permit while your attorney enforces the subpoena against the witness.
- If you win the hearing then the administrative suspension is INVALIDATED.
- Even if you lose the hearing, your attorney will have the opportunity to subpoena witnesses and documents, inspection calibration records, and explore important defenses early in your case.
- The officers or civilian witnesses will be locked into their story allowing your attorney to exploit inconsistent statements.
If you have been arrested for a DUI in Florida, you must act quickly to preserve all of your rights to dispute the administrative suspension of your driver’s license. Winning the administrative hearing is an important step towards protecting your driving record. Winning the administrative hearing also protects you from the collateral consequences that come with an administrative finding that you drove under the influence of alcohol or drugs, even if you ultimately avoid a DUI conviction in the criminal case. Hiring an experienced Riverview DUI/DWI defense attorney is important because of the complexity involved in successfully contesting the administrative suspension of your driver’s license. We are experienced trial attorneys who have the knowledge and skill set to successfully contest the administrative suspension of your driver’s license.