Will You Lose Your Driver’s License Immediately After a DUI in Fort Lauderdale?
If you have been charged with driving under the influence (DUI) in Fort Lauderdale, you will have many immediate concerns. One of these is likely whether you will automatically lose your driver’s license. In short, yes, your driver’s license is automatically suspended after being charged with a DUI. However, the situation is more complicated than it seems.
The law in Florida imposes both administrative and criminal penalties for DUI charges and the manner in which each of these affects your ability to drive is different. Below, our DUI lawyer in Fort Lauderdale explains in greater detail.
Administrative Driver’s License Suspension
Under state law, you may face an administrative suspension of your driver’s license if your blood alcohol concentration (BAC) is 0.08 percent or higher, or if you refuse to submit to a chemical test. Chemical tests include breath, blood, and urine tests. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) handles administrative suspensions and these are separate from any criminal penalties.
The police officer who pulled you over will confiscate your driver’s license upon arrest and they will issue a citation. The citation acts as a temporary permit that allows you to drive for the next ten days. However, you can only drive for essential purposes such as medical appointments or work.
During the ten-day period, you can request a formal review hearing to challenge the probable cause establishing the basis for the suspension. Requesting a hearing is very important, as it can extend your driving privileges until the hearing is resolved. Failing to request a hearing can result in your license being suspended for a certain period of time, depending on the circumstances of your case. If the suspension is upheld at the hearing, your license will also remain suspended.
Criminal Driver’s License Suspension
In addition to the administrative suspension, your license may also be criminally suspended if you are convicted of a DUI. Criminal suspensions are separate from administrative suspensions, which means you may face two different license suspensions after being charged with a DUI. Criminal suspensions range from six months to permanent revocation, depending on the specific circumstances of your case, including any previous DUI convictions.
Applying for a Hardship License
You may be able to apply for a hardship license if you are facing an administrative suspension. A hardship license will allow you to drive for essential reasons, such as to travel to school or work. Not everyone is eligible for a hardship license. It will depend on whether it is your first DUI offense and if you are able to comply with the legal requirements. If your driver’s license was suspended because you refused to submit to a chemical test, your license will be suspended for at least 90 days before you can apply for a hardship license.
Call Our DUI Lawyer in Fort Lauderdale Today
If you have been charged with a DUI and your license has been suspended, time is of the essence. It is critical that you contact our Fort Lauderdale DUI lawyer at Haber Blank as soon as possible to take the necessary steps to reinstate your license or apply for hardship. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to get the legal defense you need.
Source:
flsenate.gov/Laws/Statutes/2021/322.2615
