how to keep your license after a dui without a lawyer in florida

If you want to have any hope of keeping your driver license, you need to hire a competent defense attorney who is experienced at handling DUI cases to help you with your case. To avoid having your driver license suspended, you must first request a driver license hearing within 10 days, and then win that hearing.

Full Answer

How can a Florida DUI attorney help with a license suspension?

The Florida DHSMV will schedule a formal hearing within 30 days after receiving the request to challenge the license suspension. This hearing is administrative in nature and is distinct from the criminal hearing. This hearing determines if an individual can keep their driving privileges, and if these privileges should have limitations.

Can you get your license back after a DUI in Florida?

Dec 02, 2019 · Hersem Law Can Help. The right DUI attorney from Hersem Law will have the tools and resources necessary to help you keep your driver’s license after a DUI in Florida. If you’re ready to talk about your case and your options, call 813-251-7291 or …

What happens if you get a DUI twice in Florida?

May 23, 2013 · If you are charged with Driving Under the Influence (DUI), you must deal with two components of your DUI case: Suspension of your driver’s license. DUI criminal complaint against you. Although these issues run parallel, they are independent. A public defender may represent you in the criminal case only. He or she is not allowed to help you with the license …

Can a DUI conviction cause a driver’s license to be revoked?

May 30, 2019 · Florida Statutes 322.271 (1)(c)2 refers to the hardship license or DUI restricted license as a “driving privilege restricted to business purposes only.” A DUI, a breath result over .o8, or a refusal to submit to a chemical test is cause for driver’s license suspension. A driver with any of these cases may still seek a hardship license.

How do I get my license back after a DUI in Florida?

The driver license cannot be reinstated until DUI school is completed. Second conviction in five years (five-year revocation) or third conviction in 10 years (10-year revocation), customer must complete DUI school following conviction.

How do I get a hardship license in Florida for DUI?

After a DUI arrest, a person must take the following steps to apply for a hardship license:Enroll in DUI school.Wait the required period to fill out an application: if you refused the breath test, you must wait for the first 90 days of your 1-year administrative suspension before you can apply for a hardship license.More items...•Feb 18, 2019

How much does it cost to get your license back after a DUI in Florida?

How Much Does it Cost to Reinstate Your Driver's License After a DUI in Florida? For a full reinstatement, plan to take the state's required exam. Also, you will owe fees including an administrative fee of $130 and a revocation fee of $75.Aug 9, 2016

Do you lose your license immediately after a DUI in Florida?

If you've been arrested for a DUI in Florida, you only have 10 days from the date of your arrest to save your driver's license. Your driver's license is immediately suspended upon your arrest for DUI. For the next 10 days, you may drive only to work or for business purposes using your ticket as a permit.

What qualifies you for a hardship license Florida?

Generally if your license has been suspended or revoked due to having accumulated too many traffic ticket points on your Florida license then you are likely eligible to apply for a Florida hardship license.

How much does it cost for a hardship license in Florida?

How much does a hardship license cost in Florida? The fee to file for a hardship license is $12.00, but you may be required to pay additional fees depending on the specific factors surrounding your case, such as why your license was suspended and the type of DUI conviction you have.

What is the minimum Bal at which you are automatically guilty of DUI?

Get a DUI – Lose Your License! It is illegal to drive with a blood alcohol content (BAC) of 0.08% or more (0.04% for commercial vehicle drivers and 0.01% if under 21). Other factors, such as fatigue, medications or food may affect your ability to legally operate a vehicle.

Is a DUI a felony in Florida?

When is DUI a Felony in Florida? Generally, a first or second DUI without any “aggravating factors” is prosecuted as a misdemeanor offense. For a first or second DUI to be charged as a felony, usually the impaired driver would have to cause serious bodily injury or death to another person.Aug 20, 2018

What is the penalty for first time DUI in Florida?

A conviction for a first-time DUI offense in the state of Florida could cost you as much as $1,000, up to six months in jail, the possibility of losing your driver's licenses for up to six months, and fifty hours of community service.Mar 21, 2018

What do you do after a DUI in Florida?

DUI InformationFlorida DUI Information. ... Community Service: If this is your first conviction, you will need to serve a mandatory 50 hrs of community service or an additional fine of $10 for each hour of required community service.Imprisonment: Imprisonment is at the court's discretion.More items...

How many points is a DUI in Florida?

If you receive too many points on your Florida Drivers License your license may be suspsended.Length of SuspensionNot More than12 points within a 12-month period30 Days18 points within an 18-month period3 Months24 points within a 36-month period1 Year

How long is license suspended for DUI in Florida?

With your first DUI conviction, your license may be suspended for 180 days to 1 year. For a second DUI conviction within five years of the first one, your license may be suspended for five years. With a third DUI conviction within 10 years of the previous two, your license may be suspended for 10 years.Dec 3, 2018

What happens if you refuse a DUI test in Florida?

If you refused to take a sobriety test, your license will automatically be suspended for one year and you will have a hard suspension for the next ninety days.

How long can you drive after a DUI in Tampa?

After the thirty- or ninety-day hard suspension (and enrollment in DUI school), you can request a hardship license, which will allow you to drive for business purposes for the remainder of your suspension. For many people in the Tampa Bay area, a one- to three-month license suspension is not an option. That’s why doing nothing is likely not ...

How long does a license suspension last?

That you were told that by refusing to submit, your license would be suspended for a period of twelve months on a first refusal or eighteen months on a second or subsequent refusal. Keep in mind that the State must prove the above elements by a lower standard than what is required in criminal cases. The burden of proof for criminal cases is “beyond ...

What is the burden of proof in criminal cases?

The burden of proof for criminal cases is “beyond a reasonable doubt”, which is the highest burden in the law. However, the burden of proof at the administrative hearing is “by the preponderance of the evidence”, which basically means “more likely than not”.

Temporary Hardship License

When you are arrested for a DUI, your license is immediately suspended, but you are allowed to drive for 10 days after the date of the arrest. During this ten-day period, you must file an application for a Formal Review Hearing (FRH) with the Florida Department of Highway Safety and Motor Vehicles.

Hardship License After Pleading Guilty

If you plead guilty to a DUI charge, your driver’s license is suspended for at least six months. If you are caught driving during this time, you are guilty of a criminal offense for which you will probably serve jail time. You could have avoided this unfortunate result by becoming eligible to get a hardship license before you pleaded guilty.

Why Hire a Private DUI Lawyer?

Public defenders cannot help you obtain the 42-day hardship license or present your case at the DMV. Public defenders are also not intimately familiar with DUI school and counseling and getting a hardship driver’s license after a DUI conviction. Only a knowledgeable, private DUI attorney can help you stay a licensed driver.

How to get your license back after a DUI?

When the period of your suspension has expired, you get your license back by visiting a Florida DMV office. Depending on the specifics of your case, you must: 1 Pay the required reinstatement and administrative fees; 2 Complete a DUI school and substance abuse treatment program, if it was ordered by the judge in your case; 3 Present proof of insurance as required by law; and, 4 Fulfill other requirements according to state law.

How long can you get your license suspended?

Under state law, the man may receive a potential sentence of jail time and fines if convicted; plus, his driver’s license could be suspended for a period ranging from 180 days for a first offense and up to a year for second and subsequent offenses.

What is the Florida Department of Highway Safety and Motor Vehicles?

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) handles driver’s license suspensions after a drunk driving conviction. You’re required to surrender your license immediately, and any delays in doing so could extend the period of suspension.

Can you get your license suspended for DUI?

Bear in mind that a license suspension only impacts your driving privileges; additional penalties may apply because a DUI is also a criminal matter. Also, you may be required to install an ignition interlock device (IID) on your vehicle after a drunk driving conviction. The process of having the IID removed after the designated period is separate from reinstating your driver’s license.

Can you get a hardship license if you are convicted of DUI?

Note that, unlike some other driving violations, you may not qualify for a hardship driver’s license if you’re convicted of DUI. However, it’s possible to appeal the decision of the FLHSMV by filing the appropriate documents in the county court which issued the suspension or where you reside.

What is the legal level for DUI in Florida?

In the case of alcohol, your blood alcohol level must register at .08 or higher.

How long does it take to get a license revoked for DUI?

For the first DUI offense, the state will revoke your license for 180 days to one year. If the offense includes a charge of serious harm, then the revocation could be as long as three years. Before your suspension ends, you can apply for a hardship license.

How long does it take to get a Florida driver's license revoked?

If your second offense occurs five years or more following your first one, then Florida will revoke your license for 180 days to one year. When you incur a second offense within five years of your first, the state will revoke your license for at least five years. After one year, you can request a hardship license.

How long do you have to keep your license after a DUI?

If they do not request a hearing, their driving privileges may be suspended for 30 days or longer .

What happens if you are arrested for DUI?

Individuals arrested for DUI deserve their day in court to present their side of the story, which may involve questioning the arresting officer’s behavior or testing methods or calling expert witnesses. If enough evidence exists to put reasonable doubt into the mind of a judge or jury, the case will be dismissed and driving privileges will not be ...

How to beat a DUI?

The best way to beat a driver license suspension is to hire a competent DUI attorney and request a hearing. The lawyer will challenge the suspension or revocation order by presenting evidence of innocence. Individuals arrested for DUI deserve their day in court to present their side of the story, which may involve questioning the arresting officer’s behavior or testing methods or calling expert witnesses. If enough evidence exists to put reasonable doubt into the mind of a judge or jury, the case will be dismissed and driving privileges will not be suspended.

How long does a driver's license suspension last in California?

As one example, California law requires a four-month suspension of driving privileges for a driver at least 21 years old with a blood-alcohol concentration of 0.08 percent or higher.

What is the DUI in Florida?

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

How long is a third degree DUI felony?

Any person convicted of a third DUI within 10 years of a prior conviction or a fourth or subsequent DUI, is guilty of committing a third degree felony (not more than $5,000 fine and/or five years imprisonment).

What is the penalty for driving under the influence?

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a first degree misdemeanor (not more than $1,000 fine or one-year imprisonment).

How long is a breath test suspension?

First suspension for refusal to submit to breath, urine, or blood test, one year. Second or subsequent suspensions for refusal, 18 months. For persons under the age of 21: if the breath or blood alcohol level is .05 or higher, the suspension remains in effect until completion of a substance abuse evaluation and course.

How long does it take to get disqualified from driving a car?

First disqualification for driving a commercial motor vehicle (CMV) while he or she is under the influence of alcohol or a controlled substance or with an unlawful blood alcohol level (.04 or above), one year disqualification.

Can a judge accept a plea of guilty for DUI in Florida?

All penalties for DUI convictions are imposed by the court, judges are prohibited from accepting a plea of guilty to a lesser-included offense, pursuant to section 316.656, Florida Statutes. The courts are prohibited from withholding adjudication in DUI cases or from reducing a DUI charge if the defendant’s blood alcohol was .15 or greater.

DUI License Suspension

Driver license suspension is one of several penalties for DUI, each of which varies by state. Even if an individual is not found guilty, refusing to submit to a urine, breath, or blood test may be enough reason to suspend the driver license.

Restricted License

Some states offer relief to DUI offenders who rely on their vehicles for work. Under certain circumstances, state law may allow an individual to obtain a restricted driver license. California offers this option to a first-time offender following a one-month license suspension.