How Can I Save My License after a DUI Arrest?
When you’re arrested for drunk driving in Florida, your license will most likely be suspended for up to a year. This immediate penalty can drastically impact your life, making it challenging to get to work, school, or run errands.
As such, you may be wondering if it’s possible to save your license so that you can take back control of your commute. In this article, we look at some of the steps you can take to reinstate your driving privileges after a DUI arrest:
What Happens If I’m Arrested for a DUI?
Immediately after a DUI arrest, your driving privileges will usually be revoked. Thankfully, you’ll have up to 10 days after being charged to apply to have your license reinstated. To do so, you will need to submit a written request to the Florida Department of Highway Safety and Motor Vehicles. While officers are required to inform you of this option, it’s possible that during the arrest they failed to share this crucial information.
Once the Department has received your request, a hearing will usually be scheduled within the next month. This hearing is a separate process from your criminal hearing. Ultimately, the goal of this hearing is to determine whether you have grounds to retain your license and—if yes—whether you should be subjected to any limitations.
During the hearing, the facilitators will consider several factors, such as:
- Whether the officers had probable cause to stop you (i.e. they weren’t acting on a hunch);
- Whether you were adequately notified of the suspension of your license; and
- The results of any breath or blood tests that were conducted.
Based on their findings, your license will either be reinstated, or your request could be denied. If your attempts to reinstate your license are unsuccessful, you will also have the opportunity to apply for a so-called hardship license. Unlike a normal license, this other option is subject to strict limitations as it’s likely you will usually only be allowed to use it to commute to school or work.
Regardless of the outcome of these processes, you will still have a chance to fight your DUI charge. A criminal defense attorney can step in to grab the reins, helping you gather the necessary evidence to build a compelling defense. In some situations, you may even be able to have the case against you dismissed if, for example, there is proof that shows the officers infringed on your rights, didn’t follow protocol, or lacked probable cause to conduct a traffic stop.
Speak to a DUI Lawyer in Palm Beach Gardens Today
If you’re facing a DUI charge, contacting an attorney as soon as possible may be wise. From applying to have your license reinstated to navigating criminal proceedings, every stage of this process can present new challenges.
Todd A. Kawecki is a former prosecutor with extensive experience defending those who have found themselves on the wrong side of the law. He can meet with you for free to discuss your case and explain how he plans to help you build the strongest possible defense. Call us today at 772-485-4500 or jump to our contact page HERE to request a free case review with a Palm Beach Gardens DUI lawyer.