If you have been arrested in the Orlando area for DUI in violation of Florida Statute 316.193, there are two different systems that you will need to deal with. One is the Judicial System. This is the criminal system that controls your DUI charge. The other is the civil system. The civil system is governed by the Division of Drivers Licenses and the DMV. They govern whether or not you keep your driving privilege. Hiring a good attorney can help you in both cases.
After a DUI arrest you have 10 days to challenge your license suspension! If you do not challenge the suspension your driving privilege will be suspended for a period of not less than 6 months. This is in addition to any time ordered by the judge. This is called “administrative suspension.”
But, you can challenge the administrative suspension. During the first 10 days you must tell the driver’s license bureau that you wish to challenge the suspension of your license through a Formal Review Hearing. A good attorney can help you do this. You will be given a temporary driving permit pending the hearing.
The review hearing is like a mini trial. The rules of evidence apply. The hearing officer will decide if there is substantial evidence to support the officer’s probable cause that you were driving under the influence. This basically means that the hearing officer determines if the cop had a good reason to charge you with DUI.
If you win the hearing, you can keep your license. If you lose, your license will be suspended for at least 30 days. During this 30 day period you can not even obtain a hardship or business purpose only license.
Because there is so much at stake, it is a good idea to hire an attorney to represent you at this hearing. The officers appear at these hearings on a regular basis. They know the rules and what to say. If you don’t bring an attorney with you who is familiar with the process, you can lose even if you have a strong case.
Don’t take that chance!! The attorneys of Finebloom & Haenel are available to represent you. Our attorneys have handled hundreds of these hearings. We are familiar with the process and the rules. If you have a defense we can present it. Call us now at 407-218-6277. Our knowledgeable attorneys are available 24/7 to discuss your DMV hearing and any DUI defenses you may have.
