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:

• Demand a Formal Review Hearing and immediately obtain a permit to drive on a restrictive basis until the Drivers’ License Hearing is set;
• Waive your right to challenging the suspension, enroll in the DUI School and apply for a permit to drive for the next 6/12 months respectively (Dubal v. Refusal) by doing nothing you will both suffer the suspension, the permanent mar on your Tallahassee print out and otherwise still be required to attend the DUI School before your real Driver’s License is reinstated.
• While it is important to hire an Attorney before the 10 day period expires, Mark Lefcourt and the Criminal Defense Center, P.A. have been successful in getting extensions of time for those who were unaware of their rights. Do not rely on past results. It will behoove you to treat the 10 day requirement as absolute. However, if you are reading this and learning for the first time about the 10 day requirement, DO NOT give up until you call us at 305-567-1011.

Step three – The Formal Review Hearing to Contest the Suspension

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

• The formal review process is an important means of gathering evidence that may not otherwise be available. In dui cases you are not entitled to the depositions of the law enforcement officers associated with your case. Leave of court is required and not all judges allow for depositions. In other words, there is great significance to locking under oath statements of law enforcement as means of getting an edge on the State Attorney’s Office during the fight to win the criminal case.
• When an Administrative Suspension is won, more than just the License is returned to the client. While the suspension may only be for 6 or 12 months, the record of the DUI related suspension remains on your driving record for 75 years. In other words, a lifetime. Your criminal case could be won but a future employer can find about the case by pulling a copy of your driving transcript.
• In Miami-Dade County, the Bureau of Administrative Review (BAR) office is located at 7795 W Flagler St #82C, Miami, Florida 33144.
• The Broward County BAR office is located at 3718-3 West Oakland Park Blvd., Lauderdale Lakes, Florida 33311.
• The Palm Beach County BAR office is located at 2976 FL-15, Belle Glade, Florida 33430.
• All arrests that occur in Monroe County must be held telephonically and challenged at the Dade County BAR office listed above.

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.