A first-time DUI (driving under the influence) conviction in Florida may result in penalties such as license suspension, car impoundment, the installation of an ignition interlock device (IID), and prison time. Enhanced penalties may apply if the guilty driver had a blood alcohol content (BAC) of .08 percent or more, was involved in a collision that caused injuries or property damage, or had a passenger under the age of 18. This article discusses the question of: “Is your license suspended immediately after a DUI” in Florida.
Can a driver’s license be suspended after a DUI arrest?
Upon arrest, if a driver is arrested on suspicion of DUI, the driver can request reconsideration of the license suspension. The time between arrests and suspensions varies depending upon the jurisdiction.
Currently, in Florida, the driver’s license suspension will go on for a minimum of 180 days and a maximum of one year for the first violation. You risk a five-year revocation for your second violation (within five years of your first infraction).
After one year, you may be eligible for hardship reinstatement—usually used solely for traveling to and from work, school, church, and medical appointments. After 30 days, a motorist whose license has been suspended due to a BAC of .08% or above is normally eligible for a hardship license. Drivers with refusal suspensions, on the other hand, will be ineligible for a hardship license for 90 days.
The administrative suspension process: Explained
Those officers will notify your driver’s license if your pending criminal conviction is found. Upon completion of this step, your license will be suspended for a certain period. Depending on your record, suspensions can range in duration, but for first-timers they can last up to 4 months for a first offense. Even if you’re uncertain about your intentions for handling your DUI, you need to act immediately to minimize the possible consequences of an arrest.
How long does a driver’s license suspension last?
In a second-driving felony conviction, an individual faces second-driving convictions and suspensions ranging from one to two years. They are required to attend longer alcohol therapy programs as well as install an ignition interlocking unit. Having an underlying DUI conviction can result in very serious penalties if convicted in less than five years. If someone has been arrested twice in the same instance, the driver will face an automatic racial and/or gender suspension as well as a high criminal penalty in the state.
How can I challenge the suspension?
A DUI in Florida will result in two distinct actions. The first is a DMV administrative suspension, while the second is a criminal charge handled by the court. These two issues must be addressed independently, but in both cases, you should consult with a DUI defense attorney.
To continue driving for business until your trial, you must contest the administrative suspension of your driver’s license within 10 days.
The lack of reasonable suspicion is an example of an illegal stop in DUI arrests. According to the Fourth Amendment, to order you to halt your car, the arresting officer must have a reasonable suspicion of a crime. Even so, they can only perform a limited probe. The finest instances of reasonable suspicion are when the motorist makes an unlawful turn, overspeeds, travels too slowly, or even stops in the middle of the road for no apparent reason.
If you do nothing during the DUI 10-day suspension period after your arrest, your license will be suspended for six months or longer, depending on the charges and your DUI arrest record. During your suspension, you will be unable to drive for any reason.
How can I prevent license suspension after a DUI arrest?
The first DUI conviction can cause your license to be suspended in the United States under the 2021 Criminal DUI Act for six months. Recent national news reports report how states are acknowledging the injustice caused by driving suspended licenses that has led to an unfair and arbitrary pattern of traffic that some states have recognised.
How can I get a new driver’s license after a DUI conviction?
The conditions for gaining a driving license after a convicted DUI or DWI offense will be dependent upon the number of offenses committed in the past 10 years and other factors, including your current state driving history.
To apply for a hardship license, you must do the following:
- Participate in an Advanced Driver Improvement (ADI) course.
- Submit evidence of completion together with an Application for Administrative Hearing to the BAR.
- Pay a filing fee.
You may request either an accelerated review, in which your local Bureau for Administrative Reviews (BAR) will assess your application and reach a decision based only on the materials you supplied, or a hearing. If you select a hearing, you will have the opportunity to explain your position to the Bureau and argue why you need a hardship license.
What rules do I have to follow with a restricted driver’s license in order to drive?
The DMV currently requires drivers to use ignition interlocking equipment on all cars they are driving, including work cars and motorcycles, if they are convicted of causing the offense to be a felony. Those obtaining suspended licenses for drunk driving may only drive vehicles armed with ignition locks.
How losing your driver’s license and being convicted of a DUI will limit your future opportunities
A DUI or DWI is considered a crime, and a conviction can hinder your employment in many areas. DUI-related driving convictions may limit employment possibilities now and into the future. A DUI conviction can result in a minimum 12-month suspension from driving in all states. Immediately after suspension, an ignition interlock system will likewise become required for a suspended license once the driver’s privilege has been reinstated.
Can you drive after a DUI in Florida?
You have 10 days to get your driver’s license after being charged by police for an alleged DUI arrest. Your driving record will not be valid unless you have been arrested for DUI. Within a 10-day period, you will need to drive only for business activities and use your permit.
Timing is key to avoid license suspension
You have a 10-day rule for a DUI license suspension challenge after arrest if you want an arrest hearing. It’s very important to be represented in the most thorough manner possible at this point. The state’s license ban will be mandatory for anyone in Florida, but there are no alternatives. There should be a way for people to argue a case to stop their suspensions.
Speak with a professional in auto vehicle law in Florida at Browning Law Firm.
Don’t lose your license without a fight
If you are found driving under the influence and wondering if your license will be suspended immediately after a DUI, there are more options for your case than you may think. Regardless of your legal case, you can still get a good trial.
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