DMV Administrative Hearing for DUI License Suspension
Many people are aware that if they are arrested for DUI, they may be subjected to months in prison along with expensive fines. However, many people overlook the fact that many DUI arrests result in significant license suspensions as well. In Florida, anyone who fails or refuses to take a chemical test after a DUI arrest will automatically have their license revoked by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Having your license suspended can significantly hinder your ability to get to work, school, medical appointments, and other crucial activities where transportation is required. You have 10 days after your license has been suspended, to request a hearing in an attempt to have your license reinstated. If you have had your license suspended or otherwise face DUI charges, it would be in your best interest to contact a qualified defense attorney who can provide you with legal representation in the hearing that will greatly affect your future.
West Palm Beach DMV Administrative Hearing for DUI Attorney
Andrew D. Stine proudly provides legal representation for individuals who are facing an administrative hearing for a license suspension in Lake Worth, West Palm Beach, Greenacres, Boynton Beach, Wellington, Riviera Beach, Lantana, and the surrounding areas. Attorney Stine has the knowledge necessary to present evidence in favorable way that could potentially have your license suspension overturned.
Contact Andrew D. Stine, P.A. at 561.880.4300 and set up a free consultation on your license suspension hearing, and let Stine fight for your driving privileges.
Florida Administrative License Suspension Hearing Process
An individual who has had his or her license suspended can request either a formal or informal hearing. With a formal administrative license suspension hearing, a review will take place within a month of the request. This type of hearing gives the accused an opportunity to present witnesses and evidence, as well as cross examine the prosecution’s witness. A decision will be made within seven days after the hearing.
In an informal hearing, a hearing officer’s purpose is to decide whether or not the administrative license suspension is justified by the evidence he or she is provided with. The hearing officer goes over documentation/evidence turned in by both the arresting officer and driver, and makes a decision based on the evidence provided.
In some cases, it can be difficult to get an administrative license suspension overturned because the prosecution only has to prove by a preponderance of the evidence that the defendant is guilty. This means that if the evidence weighs more in the prosecution’s favor than it does yours, your suspension will be upheld. An experienced DUI attorney can review the facts of the case and submit evidence that can get your suspension overturned.
First DUI Administrative Driver’s License Suspension in Florida
According to Fla. Stat. § 322.2615, if a chemical test shows that your blood alcohol content (BAC) is above the legal limit (.08), your license will be suspended for six months for a first offense and for a year after subsequent offenses. If you refuse to submit to a chemical test, your driver’s license will be suspended 12 months for a first offense, and 18 months for any subsequent offenses. If you are under the age of 21 and your BAC is .02 or greater, your driver’s license will be suspended for six months if it is your first offense, and a year if you have previously committed this crime. If you refuse to take a chemical test, your license will be suspended for a year after your first offense, and for 18 months after any subsequent offenses.
Pursing a Hardship License after an Administrative License Suspension
In some circumstances, individuals who have had their driver’s license suspended may qualify for a hardship license that will afford them the ability to drive for specified reasons. These reasons typically include the necessity of transportation to get to work and/or school. However, if an individual has previously had his or her license suspended for having a BAC over the legal limit, or refusing a chemical test, he or she is not eligible to apply for a hardship license.
Andrew D. Stine, P.A. | Palm Beach County DUI License Suspension Hearing Lawyer
If have had your license suspended for failing or refusing to submit to a chemical test in Boca Raton, Greenacres, Delray Beach, Boynton Beach, Jupiter, Palm Beach Gardens contact Andrew D. Stine, P.A.. Attorney Stine is a qualified defense attorney who has experience representing clients in hearings who have had their licenses suspended.
Contact Andrew D. Stine, P.A. at 561.880.4300 to set up your free consultation, so that a dedicated Palm Beach County criminal defense attorney can fight for you.