Chapter 322 of the Florida Statutes regulates the suspension of driver’s license and the right to review after an arrest for DUI. However, things can get very complicated when dealing with the Florida Department of Highway Safety and Motor Vehicles (DMV).
If you are charged with a DUI in the State of Florida your driving privileges are automatically suspended. The suspension is immediate; the arresting officer will issue a temporary permit.
The permit is only good for 10 days from the date of arrest on drunk driving, within that 10 day time frame you have the right to request a formal or informal review hearing to have your license reinstated.
In order for the DMV to conduct an informal review you must provide, within in 10 days of the suspension, copies of the DUI citation, proof of registration to DUI School and your driving record. There is also a non-refundable $25.00 fee that must be paid in advanced as well.
Under the Administrative Suspension Law, F.S. 322.2615, F.S. 316.193 and F.S. 316.1932, for a first DUI offense, the suspension is six months, suspension for a second or subsequent offense is one year.
A first offense for refusing to submit to a breath, urine or blood sample after a DUI stop is an automatic one year suspension. A second or subsequent offense is automatic 18 months.
The informal review is an examination of only materials submitted by you and the arresting officer. In a formal review, you can present witnesses and your own testimony in regards to the suspension.
If it is your first DUI you can waive your right to a review of the suspension and receive a hardship license for business purposes only for the duration of the suspension.
A non- refundable fee of $25 is required for the waiver review. Make sure to ask your attorney if you should opt for a formal hearing or the waiver review—depending on your individual case and situation.
If you need assistance after an arrest for driving while intoxicated and need to drive, and live in Fort Walton Beach, Destin, Sandestin, Santa Rosa Beach, Navarre, Niceville, Mary Esther, Crestview, Defuniak Springs, and throughout Okaloosa County, Walton County, and Santa Rosa County – call Lupella & Rehr.