Arrested for DUI
I got arrested for DUI - what now?
Arrested for DUI, Seminole County or Orange County:
You were arrested for DUI; you spent the night in jail, and the officer took your driver’s license. The officer gave you a citation charging you with the offense of Driving Under the Influence (DUI). This citation does two things:
- -It charges you with the crime of DUI; and
- -Because the officer took your license, it acts as a driver’s license for ten days.
This means you have two issues to deal with; the criminal case, and what to do about your license.
Your Driver’s License:
Let’s talk about your license first. Because DUI is a crime involving driving the Department of Highway Safety and Motor Vehicles must determine whether your driver’s license should be suspended pursuant to Florida Statute 322.2615. In fact, your license will be suspended for a minimum of 6 months, and up to 12 months if you have not previously been convicted of DUI.
In order to drive after the ten days permitted by the citation you received YOU MUST APPLY for a Formal Review Hearing before the Department of Highway and Safety Motor Vehicles WITHIN 10 DAYS. My office will do this for you. If you’d like to get an application now, please click here: (Formal review application).
Once you have applied for the review hearing, you will then receive a permit to drive for businesses purposes only, including for work, school, to get food, to see your lawyer, doctor, attend religious proceedings, and anything else necessary to maintain your livelihood. This permit will last for 42 days. Within those 42 days, in fact, within 30 days a hearing will be held at the DHSMV to determine if your license will be suspended for 6 months or a year.
This hearing comes up very quickly, so it is very important that you see a lawyer as soon as possible. Many lawyers are no longer having full hearings to contest the suspension of your driver’s license. I will assertively litigate and defend your case. The way I do this is by:
- -At the same time, we request a formal review hearing, we also request all of the documents submitted by law enforcement alleging why you were arrested for DUI.
- -Upon receipt of those documents, I review them and determine your best defenses.
- -After reviewing the documents, and developing your defenses, I often issue subpoenas for the witnesses/officers so they must attend the hearing. This can be very beneficial to you in both this hearing and in the criminal case now pending. (We will discuss further at the complimentary consultation).
- -I also have a court reporter present at every review hearing to make sure you get a fair hearing. It also assist us, because we can get a transcript if we choose to appeal the ruling and in the criminal case.
- -At the hearing, I will present your defenses.
If we win the hearing, you get your driver’s license back. If you lose what happens next depends on whether you took a breath test, or whether you refused a breath test.
If you took a breath test, then you will not be able to drive for a full 30 days. Once thirty days has expired, you will be eligible to get a hardship license. In order to qualify for the hardship license, you must enroll in the DUI counter attack school. You can do this at http://floridasafety.org/courselist.asp. Please do not sign up for any classes before consulting with us).
If you refused a breath test then you not be able to drive for a full 90 days. Once ninety days has expired, you will be eligible to get a hardship license. In order to qualify for the hardship license, you must enroll in the DUI counter attack school. You can do this at http://floridasafety.org/courselist.asp. (Please do not sign up for any classes before consulting with us). If your license was previously suspended for refusing to take a breath test, and you refused a breath test this time you most likely will not be eligible for a hardship license. Please contact us to set up a consultation to avoid these circumstances.
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