Once you are arrested for DUI, your driver’s license is immediately suspended (assuming you refused to submit to a breath, urine or blood test or provided a breath sample above the legal limit of .08). If your license has been suspended after a DUI arrest, you have to act quickly. The DUI citation acts as your temporary license for 10 days. During the 10 days, you can drive for Business Purposes Only (Restriction C).
Within the 10 days you need to take action to save your license. During those 10 days you can request a formal review hearing to challenge the suspension of your license. Remember, the rules for administrative hearings to challenge the suspension of your driver’s license are complicated and you would be well-served to hire a DUI lawyer that is experienced and knows how to navigate through the DMV Hearing process.
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The DMV Process
Once you hire an attorney, they will demand the formal review hearing within 10 days of your arrest. You do not have to do anything else and do not have to be present. When requesting the formal review hearing, your lawyer will obtain a temporary permit so that you can drive for Business Purposes Only for 42 days while you wait for your hearing to fight the suspension of your license.
If you win the hearing and the suspension is invalidated, your suspension will be removed from your driving record. If this happens, you can just go to the DMV and get a duplicate copy of your license. If your unsuccessful and lose your hearing, you will have to wait for the period of “hard time” or “hard suspension” to expire before you can apply for a hardship license.
Once your 42-day permit expires, the period of hard suspension begins. Hard suspension or hard time usually lasts for 30 days (for cases where you were found to be driving with an unlawful blood alcohol level) or 90 days (refusals). If you meet the eligibility requirements and have proof of enrollment in DUI School, you can apply for a hardship license.
If you do not want to fight the suspension of your license but rather begin driving immediately with a hardship license, you can request eligibility review. Note: by requesting eligibility review you are giving up your right to a formal review hearing and will accept the suspension going on your driving record for 75 years.
At the eligibility review hearing the hearing officer will determine whether you waived your right to a formal review hearing, that you are eligible for hardship reinstatement and will need to see proof that you have enrolled in DUI School.
If you’ve been arrested for DUI, you have two problems. You need to deal with the suspension of your license within 10 days and you have a criminal case to worry about because a conviction to DUI can never be erased from your record. A DUI charge can affect everything you try to do in life moving forward. It is extremely important to enlist the services of an experienced DUI defense attorney that knows the players, the process and focuses primarily on DUI defense in Miami.
If you or someone you love has been arrested in Miami, don’t delay. You don’t have time to waste! Call our office, (305) 707-7345, to schedule your 4-Point Case Evaluation and Strategy Session.
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