If You are Charged with a DUI in Florida, Will You Lose Your License?

Facing a DUI charge in Florida? You are far from alone. It is one of the most common criminal offenses brought in our state. A proactive defense is a must. You need to protect your freedom, future, and right to drive. This raises an important question: Will I lose my license after a DUI arrest in Florida? The short answer is “it depends,”—but your license will be subject to an almost immediate administrative suspension.  At The Law Office of Denise Miller, PA, we defend all types of DUI cases. Here, our Stuart DUI defense lawyer provides an overview of the key points to understand about drunk driving charges and your license in Florida.

A DUI Charge Will Lead to an Automatic Administrative Suspension (You Can Challenge it)

A DUI arrest is a serious matter. You need to take it seriously as a conviction—even for a first-time DUI —can lead to jail time in Florida. With that being said, a DUI arrest is also an allegation. You are presumed innocent until proven guilty. As with any other person charged with a crime, you have the right to raise a zealous defense in court. However, DUI charges also involve an administrative process in Florida. There is no “innocent until proven guilty” standard for this part of the law.

In Florida, if you are arrested for a DUI, you will face an automatic administrative suspension of your driver’s license. The Florida Highway Safety and Motor Vehicles (FLHSMV) will suspend your license in a wholly separate action from the criminal case. The administrative suspension is triggered by either refusing to undergo a blood alcohol concentration (BAC) test or if your BAC is 0.08% or higher. For a first-time DUI offense with a BAC above the legal limit, the suspension will last six months. If you refuse to take the BAC test, the suspension extends to one year.

However, you have the right to challenge an administrative suspension to save your driver’s license after a DUI. To do so, you must request a formal or informal review hearing within 10 days of your arrest. The hearing is an opportunity to contest the suspension based on the circumstances of your DUI arrest. When you request a review, the automatic administrative suspension will be set aside. It does not take effect until after you have your hearing.

An Overview of DUI Convictions and License Suspension Penalties in Florida

If you are convicted of a DUI offense in Florida, you can also face a criminal suspension of your license. As noted, this is a separate process from any administrative suspension. In other words, a criminal suspension could come after an administrative suspension, or it could come even if you successfully defended your license at an administrative hearing. The duration of license suspension for a DUI conviction in Florida will depend, in large part, on your history of prior offenses or lack thereof. Here is an overview of the DUI license suspension penalties:

• First Offense DUI: For a first DUI conviction, you face a license suspension period of 180 days to one year.
• Second Offense DUI: If your second DUI conviction occurs within five years of the first, your license will be suspended for a minimum of five years.
• Third Offense DUI: A third DUI conviction within ten years leads to a minimum ten-year license suspension.

You May Qualify for a Special Purpose Driver’s License

Was your license suspended for drunk driving or drugged driving in Florida? You may not be out of options. Indeed, you might be eligible for a hardship license, also known as a special purpose driver’s license. A hardship license—also known as a special purpose license—allows a person to drive for specific purposes. Some of the most common examples include commuting to work, dropping children off at school, driving to medical appointments, or attending religious services. To qualify for this type of license after a drunk driving arrest, you must complete a DUI education course and undergo any required treatment programs. Beyond that, you will need to provide proof of financial responsibility, and you may be required to install an ignition interlock device on your vehicle. A Stuart DUI defense lawyer can help you with a hardship license.

Contact Our Stuart, FL DUI Defense Attorney Today

At The Law Office of Denise Miller, PA, our Florida DUI defense lawyer is committed to going the extra mile to protect the rights of clients. Have questions about a DUI charge and your driver’s license? We can help. Contact our team today for a completely confidential initial case review. With a legal office in Stuart, we defend DUI charges in Martin County and throughout Southeast Florida.