How do administrative suspensions work?<\/strong> Administrative Suspensions come in two ways:<\/p>\n Suspension begins on the date of the arrest in both cases. Another Option:<\/strong><\/p>\n You may now waive your formal review hearing and avoid the risk of a \u201chard suspension\u201d of 30-90 days. You can register for the DUI Counterattack School, take your receipt to DMV along with your arrest report, and request a Temporary Driver\u2019s License that will be good until your case is disposed of. The Formal Review hearing<\/strong> In the case of a UBAL suspension, the issues to be decided are:<\/strong><\/p>\n Some rules that apply<\/strong><\/p>\n What we do to prepare for the Formal Review<\/strong> An experienced Central Florida DUI Defense Attorney can help. Call one of our two locations at (407) 831-1956<\/a><\/b> <\/b>or <\/b>(352) 742-9090<\/a><\/b>, for a prompt and\u202ffree consultation <\/b><\/a>with an experienced Central Florida criminal defense attorney at The Defense Group<\/b>. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.<\/p>\n","protected":false},"excerpt":{"rendered":" DUI ADMINISTRATIVE SUSPENSIONS How do administrative suspensions work? The information below is intended to familiarize you with the administrative process that usually proceeds at the same time as your judicial (criminal) charges on a DUI. It is provided for your general information. If you have any questions, you should ask an experienced Central Florida DUI … <\/p>\n
\nThe information below is intended to familiarize you with the administrative process that usually proceeds at the same time as your judicial (criminal) charges on a DUI. It is provided for your general information. If you have any questions, you should ask an experienced Central Florida DUI Defense Attorney at The Defense Group when you come in for your Free Consultation<\/a>.<\/p>\n\n
\nLength of Suspensions
\nRefusal suspensions<\/strong>
\nFirst refusal \u2013 12 months
\nSecond \/ subsequent \u2013 18 months
\nUBAL
\nFirst \u2013 6 months
\nSecond \/ subsequent \u2013 12 months
\nYour Uniform traffic citation is a 10-day permit as longs as you have a valid DL. If the driver\u2019s license is already suspended for any reason in this or any other state, the hard suspension begins on the day of the arrest. Hardship availability is subject to the rules below.
\nTwo types of Hearings at DMV<\/strong><\/p>\n\n
\nHardship driving availability
\nIf a formal review is requested on either suspension, assuming the driver\u2019s license is otherwise valid, the DMV will allow driving on a limited basis until they have made a decision to either allow the suspension to stand as lawful or set aside the suspension. The DMV will forward the temporary permit to us, along with the date for the Formal Review hearing. We will then forward it to the driver.
\nThis permit will not be issued by the DMV if you are suspended for any reason in this or any other state. If that is the case, the hard suspensions discussed below will take effect on the 11th day after the arrest. This generally occurs when the police allow the 10-day permit because they are not aware of any other suspensions on the day of the arrest because the computers were down or they didn\u2019t check out-of-state suspensions.
\nIf you do not request a Formal Review within the 10 days after your arrest, the hard suspension begins on the 11th day after the arrest.
\nIf, after the Formal Review hearing, the DMV determines that the police have not provided you with enough information to support the suspension they will forward the driver\u2019s license back to us for you to pick up. The suspension is then taken off their record. Hardship driving is not necessary at this point since the suspension has been removed from the record.
\nIf the DMV determines that the police have provided enough information to support the suspension, a period of hard suspension will begin as of the effective date of the order which is usually the date the temporary permit expires (that is the one forwarded to the driver after the Formal Review was requested).
\nIn the case of a UBAL suspension (regardless of whether first or not), the hard suspension is 30 days. That means that no driving is allowed. Hardship availability begins on the first day after the hard suspension ends, assuming you are otherwise eligible.
\nIn the case of a first Refusal suspension, the hard suspension if for 90 days. Hardship availability begins on the first day after the hard suspension ends, assuming you are otherwise eligible.
\nIn the case of a second or subsequent Refusal suspension, the hard suspension is for the entire 18 months. No hardship driving at all for the entire suspension period.
\nYou are not eligible for a hardship license if you have two prior DUIs, two prior refusal suspensions or their driver\u2019s license is suspended for any reason in this or any other state. You must not drink or drive during the hard suspension and show the DMV you are worthy of being granted the privilege of having your driver\u2019s license back on a limited basis.<\/p>\n
\nFlorida statutes allow the arresting officer to \u201csummarily suspend\u201d the driver\u2019s license of a person who is arrested for DUI and, either, refuses a breath, blood or urine test or who takes a breath or blood test and has an illegal blood\/breath alcohol level. The person whose license is suspended may file a request with the DMV within 10 days of the suspension to have them review that suspension.
\nIn the case of a Refusal suspension, the issues to be decided by the DMV are:<\/strong><\/p>\n\n
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\nThe arresting or testing officer does not have to appear at the hearing unless subpoenaed by us.<\/li>\n
\nShortly after the request for a Formal Review, we make a request for all documents filed with the DMV by the arresting officer to support the suspension. These documents are reviewed by The DUI Defense Team members in the firm to determine if the suspension can be supported based on what has been provided the DMV.
\nIf it is the conclusion of the Team that a defense can be argued by not subpoenaing the officers, then we will not do that and make our arguments based on what is in the DMV file and any testimony we may offer.
\nIf it is decided that we need to subpoena an officer to support a defense to the suspension, then we will do that.
\nIf it is ultimately decided that the officer has provided sufficient information to support the suspension and we have no defense to begin with, the general plan is to subpoena the officers to see if they show for the hearing. If they fail to show and do not show just cause for their failure, the suspension will be set aside. If they show, we will take their testimony regarding the lawfulness of the stop and arrest and probable cause. Their testimony may support grounds for setting the suspension aside and may be useful at a later date if suppression motions are filed in the criminal case.
\nThe Interstate Driver\u2019s Compact does not apply to pre-conviction administrative suspensions. But, a non-resident of Florida may still suffer a driver\u2019s license suspension if their home state.<\/p>\n