Florida DUI Arrests: Administrative License Suspension
Under Florida law, all drivers who are arrested for DUI, including those who are arrested for refusing a breath test, will face an immediate administrative suspension of their license. In fact, this suspension is automatic and will become official unless a valid appeal is submitted within ten days of the arrest. You must take action to stop this administrative license suspension. If you have been arrested for intoxicated driving in Florida, please contact an experienced Tampa Bay DUI defense lawyer who can help you protect your driving privileges.
You Need to File an Appeal
After being arrested for a DUI, your Florida driver’s license will be suspended. If you do not file an appeal before the end of the ten day period, you will have no more options. You will lose your driving privileges at that point without further review. This means that even if you were illegitimately arrested, your license will still be suspended. Without filing an appeal, you are forgoing your right to have a hearing on this issue. The right to drive is critically important and you need to contact a DUI attorney to ensure that you are able to file a proper appeal. Even if this is your first DUI arrest, your administrative license suspension may last for as long as six months.
You Case Deserves a Formal Review
After you file your appeal, your administrative suspension will be set aside until you receive a formal hearing. Officially, your license will still be valid for another 42 days. Further, the state of Florida must give your case a hearing within 30 days of the date that you filed your appeal. Once you reach the formal hearing, you should already have an attorney by your side. While this administrative hearing is technically separate from any criminal charges being pursued against you, information gained during this process can help you fight those future charges. Additionally, your attorney may be able to help you get your administrative license suspension removed entirely.
Administrative License Appeal: Can I Actually Win?
This depends entirely on the facts of your case. However, it is important to recognize that if you are facing a first time Florida DUI charge, there is no legal downside to pursuing the appeals process. Ultimately, an attorney should always review the circumstances of your arrest as soon as possible to determine how to best protect your legal rights. There are many different ways to prevail during the appeal of an administrative license suspension. This includes:
- Officers failing to provide a legally legitimate reason for stopping you in the first place;
- Witnesses failing to show up to the hearing;
- Contradictions in the arrest reports or opposing testimony; and
- Insufficient evidence of intoxicated driving.
Contact Our Tampa Bay Office Today
Remember, a DUI is a very serious criminal charge. If you have been arrested for suspected intoxicated driving, you need to take immediate legal action. Without action, your license will face an administrative suspension. You should contact the passionate DUI criminal defense attorneys at The Pawlowski//Mastrilli Law Group for aggressive legal protection. Call our office today at 813-803-6518 to schedule a free review of your case.