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There are two suspensions that occur when you are arrested for DUI. There is an administrative suspension and a criminal suspension.
Administrative Suspension
Once you are arrested for DUI, the officer will take away your driver’s license. The ticket that the officer gives you serves as a temporary license for the next 10 days. Within those 10 days, you will need to ask for an administrative hearing in order to protect your driving privilege.
The administrative hearing is presided over by a hearing officer. Although it is less formal than an actual trial, the rules of evidence are followed. It is best to have an experienced attorney represent you in this hearing. If you challenge the suspension at the hearing and win, you can continue to drive while your criminal case is pending. If you lose, you will not be able to drive at all for a specified period of time – even if you have gotten a hardship license.
The administrative suspension period for a first time DUI is 6 months.
The administrative suspension period for a second or more DUI is one year.
If you have refused to take a breath test, your license will automatically be suspended administratively for a period of one year.
If it is the second time you have refused a breath test your license will be suspended for 18 months.
The attorneys of Finebloom & Haenel are dedicated to protecting your privilege to drive. You can trust us to use all of our knowledge and experience to help keep you on the road. Call us now at 941-404-5073 to discuss how our representation can assist you in your administrative hearing.
Criminal Suspension
The criminal suspension is the suspension imposed by the judge when you either plead guilty or are found guilty of DUI in a criminal case. The amount of time that your license is suspended depends on the offense. It is mandated by the Florida Statues.
A suspension can last anywhere from six months for a first time DUI, to a permanent revocation if you are a repeat offender. The breath test result can extend your suspension if the result was over a .15. The general guidelines for suspensions are as follows:
| 1st DUI: |
Minimum six months, maximum one year. |
| 2nd DUI outside of 5: |
Minimum six months, maximum one year |
| 2nd DUI within 5: |
Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year |
| 3rd outside of 10: |
Minimum six months, maximum one year |
| 3rd within 10 years: |
Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years |
| 4th DUI: |
Mandatory permanent revocation. No hardship reinstatement. |
| DUI Manslaughter: |
Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years |
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DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. Maximum permanent revocation
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If you fight your case and win or get a reduction in the charges it is possible to receive an administrative suspension as a result of the criminal case. This suspension can be in error or longer than necessary if the proper paperwork is not filed. It is important to have representation to make sure your record is correct. When you hire Finebloom & Haenel we make sure your record is correct. Call us now at 941-404-5073 and let us help you protect your driving privilege.
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