You must act right after a DUI arrest to stand up for your legal rights. The DUI defense attorneys at the Alers Law Firm can help you take immediate action in a DUI case when you need us.
The consequences of a DUI arrest or the failure to take a Breathalyzer test upon request can begin immediately. Your license would be suspended on the spot, and you must request a hearing to challenge the suspension within ten days of the arrest. If not, you would waive your right to contest a suspension.
Call the Alers Law Firm right now to discuss your DUI case and your legal rights. You cannot afford to delay this phone call because the legal process begins to unfold immediately.
Your Driver’s License Would Be Suspended on the Spot in a DUI Case
When you get a driver’s license in Florida, you give your implied consent to give a Breathelyzer test sample when you are pulled over on suspicion of drunk driving. All an officer needs to make the stop is reasonable suspicion that you are under the influence of alcohol or a controlled substance. There are consequences for a refusal to submit to a Breathalyzer test. Your driver’s license can be suspended for 12 months for the first refusal (and 18 months for a second), and law enforcement may still be able to go to a magistrate with probable cause to seek a blood test.
In addition, your driver’s license would be suspended on the spot if you took the Breathalyzer or field sobriety test and failed. This penalty goes into effect before you are even formally charged with a crime or tried and convicted. It is up to you to challenge the license suspension, and there is little downside since the result would not affect your criminal case.
You Are Legally Entitled to Due Process to Contest the Suspension
Although the driver’s license suspension is supposed to be automatic under Florida law, you are entitled to due process should you wish to contest it. However, you have a limited amount of time after your arrest to request a hearing to oppose the driver’s license suspension. Specifically, under the ten-day rule, you have ten days from the date of your arrest to ask for a special hearing to prevent your license from being suspended. If you do not ask for the hearing, your license suspension will be automatic for its entire duration. The Department would need to give you a hearing no later than 30 days after they receive your request.
The license suspension takes effect immediately after your arrest and even without a hearing. The police officer will take your driver’s license on the spot, and they will give you a temporary permit in the form of the citation. You may still drive during the ten-day period for business reasons, but otherwise, you cannot get behind the wheel.
You Must Request a Hearing, or You Waive Your Rights
Many people do not know about the ten-day rule because they have not sought help from a DUI lawyer right after their arrest. If you do not, you would lose the right to challenge your driver’s license suspension.
You must request the hearing in writing, providing certain information about your arrest. The hearing would take place in front of an administrative law judge at Florida’s Department of Motor Vehicles. You would be able to present evidence at your hearing in your own defense, including witnesses and other physical evidence. The officer is also allowed to submit evidence about what happened, including any video of their attempt to administer a field sobriety test.
Law enforcement does not have the same standard of proof in an administrative hearing as they do at a criminal trial. In the latter, they would have to prove your guilt beyond a reasonable doubt. In an administrative hearing, the prosecutor would need to prove their case by a preponderance of the evidence, which is a lower standard. They must show that it was more likely than not that you broke the law by failing to submit to a Breathalyzer test or by failing the exam that was administered to you. One alternative to requesting a DMV hearing is seeking a hardship license that would allow you to drive for limited purposes, although you would be acknowledging the suspension in the first place.
Contact a Florida DUI Defense Attorney Today
As you can see, you do not have much time to wait to contact an attorney, so reach out to the DUI defense lawyers at the Alers Law Firm immediately to discuss your DUI case. You can schedule a free initial consultation by calling us today at 407-326-0602.
