If you have been arrested for DUI and blew 0.08 or higher, or refused to take a breath or other test, your driving privileges will be administratively suspended for a period before you go to court on the DUI charge. When you get arrested for DUI, you must deal with two difference issues, one involving the criminal DUI case, and one involving your driving privileges. Your driver\u2019s license can be administratively suspension after a DUI arrest if either:<\/p>\n
Under Florida law, your refusal will result in your driver\u2019s license being immediately suspended for one year. If you have been previously arrested for DUI and refused to take the test on that occasion, your license will be suspended for eighteen months. You have a right challenge the administrative suspension of your driving privileges. You have 10 days after your arrest to request a Formal Review Hearing to challenge the driver\u2019s license suspension.<\/p>\n
After a DUI arrest and administrative license suspension a driver has 10 days to go to the DMV to request a Formal Review Hearing to challenge the suspension. If you do not request an administrative hearing within 10 days of your arrest, your driving privileges will be automatically suspended.<\/p>\n
A formal review is an administrative hearing. During the hearing the arresting officer and any other officers involved may testify. You have the right to question the arresting officer, breath test operator, and other witnesses in the case. You will also have an opportunity to present evidence that could show that your license was illegally suspended. At the end of the hearing, the hearing officer will review the evidenced and decide whether your driving privileges should be reinstated.<\/p>\n
You may be able to get your suspension lifted for a number of different reasons. Some grounds for lifting the suspension include:<\/p>\n
An officer needs more than a hunch before he can stop a vehicle. An officer cannot stop a vehicle unless he observes a traffic violation or observes signs that a driver is impaired. For example, occasionally a police officer will suspect that a vehicle is speeding but does not know how fast the vehicle is actually going. If the police illegally stop your vehicle, your license was illegally suspended, and your driver\u2019s license should be reinstated.<\/p>\n
Where there is no evidence that a driver committed a DUI a hearing office cannot conclude an administrative suspension is valid. For example, if the police did not observe you driving the vehicle there is no probable cause for an arrest. If there is no evidence that the driver was behind the wheel a hearing officer cannot conclude that the suspension was valid.<\/p>\n
Occasionally, the hearing officer gets it wrong. You have the option of appealing the decision if the hearing officer got it wrong. If you or a loved one need help getting your driving privileges reinstated call Tampa Criminal Defense Attorney Daniel J. Fernandez<\/strong> at (813) 229-5353<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Arrested for DUI? Learn your rights & how to challenge a license suspension within 10 days. Get legal insight on the formal review process.<\/p>\n","protected":false},"author":1,"featured_media":4884,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"none","_seopress_titles_title":"How to Get Your Driving Privileges Back After a DUI","_seopress_titles_desc":"Arrested for DUI? Learn your rights & how to challenge a license suspension within 10 days. Get legal insight on the formal review process.","_seopress_robots_index":"","footnotes":""},"categories":[53],"tags":[],"acf":{"why_daniel_j_fernandez_pa":"Facing DUI charges can be daunting, but with Tampa Criminal Defense Attorney Daniel J. Fernandez<\/strong>, you're not alone. His law office understands the complexities of DUI cases and offers unparalleled expertise to navigate these challenging waters. When you choose Daniel J. Fernandez<\/strong> for your defense, you're selecting a lawyer with a profound understanding of DUI laws and a commitment to achieving the best possible outcome for you.\r\n\r\nThe Law Office of Daniel J. Fernandez, P.A.<\/strong> is known for its thorough and client-focused approach. Whether it's questioning the validity of a traffic stop or scrutinizing the evidence against you, Attorney Fernandez and his team work meticulously to defend your rights. They offer bilingual services and a free, confidential consultation, ensuring you fully understand your situation and options.\r\n\r\nDaniel J. Fernandez<\/strong> doesn\u2019t just offer legal advice; he offers a pathway to justice. With his experience and dedication, he's equipped to challenge license suspensions, contest evidence, and argue for your rights. If you're seeking a seasoned attorney who will tirelessly work to resolve your DUI case, look no further. Contact the Law Office of Daniel J. Fernandez<\/strong> at (813) 229-5353<\/a> for expert guidance and defense in your DUI case.","social_image":null},"_links":{"self":[{"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/posts\/4878"}],"collection":[{"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/comments?post=4878"}],"version-history":[{"count":0,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/posts\/4878\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/media\/4884"}],"wp:attachment":[{"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/media?parent=4878"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/categories?post=4878"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.djfernandezlaw.com\/wp-json\/wp\/v2\/tags?post=4878"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}