If you have been pulled over on suspicion of driving under the influence (DUI) of alcohol or a controlled substance in Florida, your license can automatically be suspended refusing to submit to a blood, breath or urine chemical test. An individual who does submit to testing, but fails an intoxication test with a blood or breath alcohol level of .08 or higher, can also receive an administrative license revocation.
This suspension is considered a civil penalty, as opposed to a criminal penalty. This means that even if you are not charged with a DUI, a license suspension can still be handed down.
Time is of the essence when it comes to your options for fighting this suspension. The state of Florida does allow you the right to request an administrative license revocation hearing within ten days of first receiving notice of the initial suspension. At this hearing, you can argue to have it invalidated or amended. Considering the time-sensitive nature of these proceedings, it is important to work with a qualified Florida criminal defense attorney immediately following the license revocation.
Considering the importance of motor vehicles in everyday life in Florida, if you have gotten your license suspended, it would be in your best interest to take the necessary steps to appeal this decision and get your right to drive back.
The attorneys at the Law Offices of Germain & McCarthy, LLC have a strong understanding of license revocation cases in Florida, and will use this prior experience to make certain that you approach this complicated scenario in the most productive way possible.
Call (321) 253-3447 or send an online message to schedule a free and confidential consultation with the legal team at The Law Offices of Germain & McCarthy, LLC. The attorneys proudly represent individuals in and around the Florida cities of Melbourne, Orlando, Winter Park, Cocoa Beach, Deltona, Daytona Beach, Sanford, Longwood, Kissimmee and Saint Cloud, among many others.
An individual in Florida may receive an administrative driver’s license suspension if, while driving or in actual physical control of a motor vehicle, they fail an intoxication test with a blood or breath alcohol concentration (BAC) level of .08 or higher, or they refuse to submit to chemical testing of the urine, blood or breath.
According to Fla. Stat. § 322.2615, the administrative suspension periods for refusing to submit to chemical testing are (1) One-year suspension for a first refusal to submit to chemical testing, and (2) 18-month suspension for a second or subsequent refusal to submit to chemical testing.
Additionally, The administrative suspension periods for having an unlawful alcohol level of .08 or above, according to Fla. Stat. § 322.2615 are (1) six-month suspension for a first failure of an intoxication test with a BAC of .08 or higher, and (2) one-year suspension for a second or subsequent failure of an intoxication test with a BAC of .08 or higher.
Florida Statutes Sections §322.2615 and §322.64 authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver, to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications.
In order to request an administrative license hearing in Florida, the driver must:
The formal hearing review itself occurs 30 days after the request for a hearing is made. This review permits the alleged offender to present witnesses and other types of evidence, along with performing cross-examinations. If the individual does not appear at their scheduled formal review hearing without just cause, the formal review will be waived and the license suspensions will stay in effect. After the hearing, a decision must be made within 7 days. The standard of review is by a preponderance of the evidence, which means that the evidence weighs in one direction more than another (51%).
Considering the importance of personal transportation in the state of Florida, not having access to your vehicle can become a major problem. A license suspension has the ability to severely affect your ability to go through your day in a normal and productive manner by taking away you mode of transportation.
If you are currently dealing with an administrative license revocation in Melbourne or other parts of Florida, call The Law Offices of Germain & McCarthy, LLC at (321) 253-3447 or send an online message to schedule a free and confidential consultation. The legal team is committed to providing effective representation and will make certain you are led through the process in a professional and efficient manner
In addition to serving Brevard County, the attorneys also work with individuals in Orange County, Volusia County, Seminole County, Indian River County and Osceola County.