The DMV hearing must be requested within 10 days of your arrest or you will be stuck with the automatic penalty of a license suspension for at least 6 months regardless of whether or not you are subsequently found guilty of DUI.
This DMV hearing is separate from criminal proceedings, and neither has any bearing on the other. Example: If a jury finds you Not Guilty of DUI at trial, you may still lose the administrative hearing and your license will still be suspended, and visa-versa.
The DMV hearing is focused exclusively on whether or not the suspension of your license should be carried out. They have no authority to put you in jail. The criminal trial is focused exclusively on whether or not the State of Florida can prove beyond and to the exclusion of every reasonable doubt that you were guilty of driving under the influence (DUI). It is the court that will enter a judgement and sentence for the case.
Fla. Stat. §322.2615 gives authority to the DMV to suspend your driving privileges as follows: First DUI with an alcohol level .08% or above will result in a 6 month license suspension. First DUI for refusing to submit to a breath, blood or urine test will result in a 1 year license suspension. Second or subsequent DUIs will result in longer license suspensions.
If you have been accused of driving under the influence (DUI), it is essential that you get help with your case immediately. Carin A. Levine will contest the impending suspension of your driving privileges and fight on your behalf.
Call Carin A. Levine, the President of CarinAtLaw, P.A., today to set up a free consultation, (305) 496-9588.
