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ADMINISTRATIVE DRIVER’S LICENSE HEARING

ADMINISTRATIVE DRIVER’S LICENSE HEARING

Many law firms advise their clients to either challenge the Administrative Suspension or waive the suspension. The Administrative Suspension takes place when either you blew over the legal limit of a .08; or you refuse to take the requested blood, breath or urine test. Your DUI Citation puts you on notice of the suspension. The suspension of your DUI is sent to the DHSMV. Your citation itself operates as a ten day permit so you can continue to drive within the first 10 calendar days after your arrest.

At the Criminal Defense Center we don’t have a blanket recommendation. We will spend hours with you about the pros and cons in order to make sure your needs are met. For instance, if an individual risks losing a great job by spending even one day without even the ability to drive, that person’s plight is significantly different than that of a pilots. Often we find that a pilot’s most damming plight is the Refusal of a Breath, Blood or Urine Test. In general, your options are as follows:

Step three – The Formal Review Hearing to Contest the Suspension

Some of the advantages to challenging the suspension are as follows:

Grounds for Invalidating the Suspension (How to Win):

At the Criminal Defense Center, P.A. we have won countless hearings for countless reasons. As stated earlier, there is no boilerplate defense. We customize our defense based on the uniqueness of every client, their life and the specific facts of their case. Some of the reasons the suspension may be invalidated are as follows:

1. There is a failure to show enough evidence that an individual was driving or in actual physical control of a motor vehicle.

2. Legally sufficient reading of the Implied Consent Law was not had.

3. The paperwork is not timely submitted from the Police Department to the DHSMV.

4. An illegal stop or an unreasonable detention occurred.

5. A legally sufficient malfunction of the intoxilyzer occurred or one of the breath readings is below a .08.

6. Significant confusion was created when the Law Enforcement Officer told the Defendant of his right to remain silent and then asked him/her for a sample of their breath under Florida Implied Consent Law.

7. A timely recanting of the Refusal when the ability to still perform a Breath Test was reasonable.

8. Improper conveyance of the appropriate procedures from when a person to get out of their car, the request to perform Field Sobriety Exercises and the arrest itself. There was a failure to perform in observation period ensuring that the Defendant did not vomit, regurgitate, belch or otherwise do any action that would take away from the scientific reliability of the Breath Test.

9. The Breath Test operator and/ or the agency did not have a valid permit.

10. The Intoxilyzer was not working properly, inspected properly or maintained properly.

The Length of the Administrative Suspension

The length of the suspension and hard suspension are listed below:

First Offense

6 months (30 day hard suspension) if you took the test; or

12 months (90 day hard suspension) if you refused.

Second Offense

12 months (30 day hard suspension) if you took the test;

12 months (90 day hard suspension) if you refused with no prior refusal; or

18 months (18 month hard suspension) if you refused with a prior refusal.

Third or Subsequent Offense

12 months (12 month hard suspension) if you took the test;

12 months (12 month hard suspension) if you refused with no prior refusal; or

18 months (18 month hard suspension) if you refused with a prior refusal.