DISCLAIMER – PLEASE
READ
The hiring of a lawyer is an
important decision that should
not be based solely upon
advertising. This web site is
designed for informational
purposes and the information
presented is not and should not
be construed as formal legal
advice. The information
contained is general in nature,
and may not apply to particular
factual or legal
circumstances. In any event, the
materials do not constitute legal
advice or opinions and
should not be relied upon as
such. Transmission of the
information is not intended to
create, and receipt and use of
does not constitute formation of
an attorney-client
relationship. Internet
subscribers and online readers
should not act upon any
information
in this web site without seeking
professional counsel. Providing
us with details of your
case via electronic transmission
does not establish an attorney-
client relationship
between you and our firm
without the subsequent
execution of a formal written
retainer
agreement, nor does the
information contained herein
constitute legal advice to you on
your specific case. The
information on this web site is
based on Florida law and not
intended to address issues
pertaining to other states and/or
territories. Use of this web site
does not constitute the
formation of an attorney/client
relationship. There is no
warranty
or representation regarding the
accuracy or legality of any
information contained in this
web site, and there is no liability
for the use of said information.
Nothing in this Web Site
should be considered a guarantee
of a favorable outcome or result
in your legal case. Be
advised that as Internet
communications are not always
confidential, you provide our
Web Site your personal
information at your own risk.
Please do not make any
decisions
about any legal matter without
consulting with an attorney as
we encourage you to seek
independent counsel for legal
advice regarding your legal
matters.
READ
The hiring of a lawyer is an
important decision that should
not be based solely upon
advertising. This web site is
designed for informational
purposes and the information
presented is not and should not
be construed as formal legal
advice. The information
contained is general in nature,
and may not apply to particular
factual or legal
circumstances. In any event, the
materials do not constitute legal
advice or opinions and
should not be relied upon as
such. Transmission of the
information is not intended to
create, and receipt and use of
does not constitute formation of
an attorney-client
relationship. Internet
subscribers and online readers
should not act upon any
information
in this web site without seeking
professional counsel. Providing
us with details of your
case via electronic transmission
does not establish an attorney-
client relationship
between you and our firm
without the subsequent
execution of a formal written
retainer
agreement, nor does the
information contained herein
constitute legal advice to you on
your specific case. The
information on this web site is
based on Florida law and not
intended to address issues
pertaining to other states and/or
territories. Use of this web site
does not constitute the
formation of an attorney/client
relationship. There is no
warranty
or representation regarding the
accuracy or legality of any
information contained in this
web site, and there is no liability
for the use of said information.
Nothing in this Web Site
should be considered a guarantee
of a favorable outcome or result
in your legal case. Be
advised that as Internet
communications are not always
confidential, you provide our
Web Site your personal
information at your own risk.
Please do not make any
decisions
about any legal matter without
consulting with an attorney as
we encourage you to seek
independent counsel for legal
advice regarding your legal
matters.
Driver's License Law
"A journey of a
thousand miles
must begin with a
single step."
Chinese Proverb
thousand miles
must begin with a
single step."
Chinese Proverb
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Rhonda F. Goodman, P.A.
| Welcome to appeals2go.com |
Rhonda F. Goodman, P.A. Licensed Member of the Florida Bar Telephone 305-666-5172 Office Address 28 West Flagler Street Suite 330 Miami, FL 33130 Mailing Address P.O. Box 56-1093 MIAMI, FL 33256-1093 ABOUT US Rhonda F. Goodman has been licensed by the Florida Bar since 1996 and is a graduate of St. Thomas University Law School, Miami, Florida. Areas of Practice: Appellate Advocacy, Family Law, Driver's License Issues, DUIs, Probate and Estates |
UNDERSTANDING THE SUSPENSION OF YOUR
DRIVER'S LICENSE
Your Florida driver’s license is subject to suspension under a
variety of circumstances. For example, drivers license
suspensions can result from a DUI charge (administrative) and a
DUI conviction (criminal) where there will be two separate
suspensions. Also your Florida driver’s license can be subject to
suspension, revocation and cancellation if you are classified as a
habitual traffic offender (HTO) as well as if you commit certain
offenses (accident with bodily injury) other than DUI which may
result in the immediate suspension of your license. Knowing the
difference between the types of suspensions is important.
DUI DRIVERS LICENSE SUSPENSION
The first resulting suspension after a DUI charge is an
administrative suspension by the Department of Highway Safety
and Motor Vehicles. The second resulting suspension emanates
from the criminal proceeding upon conviction.
It is important to retain legal counsel to represent and assist you
at an administrative driver’s license hearing so that your rights to
a fair hearing are not infringed.
Administrative Driver’s License Suspension
It is important to be aware of Florida’s 10-Day Rule regarding the
suspension of your driver’s license when you are subject to a
charge for DUI and your right to challenge that suspension within
10 days of the DUI offense.
This administrative suspension is imposed after your arrest for
DUI. The DUI citation issued states you have 10 days to
challenge the administrative suspension of your license by
requesting an administrative hearing before the Department of
Highway Safety and Motor Vehicles Bureau of Administrative
Review hearing officer.
The administrative suspension of your license is either based on
the refusal to submit to a breath, urine or blood test, or you
submitted to a breath, urine or blood test and your alcohol level
was above .08 or higher.
Administrative Suspension Periods:
First refusal to submit to a BAC/BAL test = 12 month suspension
from the date of your arrest
Second refusal to submit to a BAC/BAL test = 18 month
suspension from the date of your arrest
First BAC/BAL was over .08 = 6 month suspension.
Second BAC/BAL was over .08 = 12 month suspension.
The traffic citation issued after you are arrested is a 10 day
temporary driving permit that expires at midnight on the 10th day
following the date of your DUI arrest. Thereafter, if you do not
challenge the administrative suspension of your license you
license is suspended and you must serve the suspension period.
It is important to understand Florida's 10 Day Rule for
administrative suspension as you have 10 days to challenge the
suspension by requesting an administrative hearing with the
Department of Highway Safety and Motor Vehicles Bureau of
Administrative Review to get your license back. If you fail to
request that hearing within the 10 days your license will be
suspended for either 6 months, 12 months or 18 months and this
will remain on your license record. Driver’s have successfully
challenged the administrative suspension of their Florida driver’s
license by the Department and this right to challenge the
administrative suspension should not be foreclosed.
It is important to be represented by legal counsel at these
hearings as well to protect your rights and an attorney
experienced in the area of DUI law should be retained to both
defend you in the criminal proceeding as well as represent you at
the administrative hearing. Therefore, if you are subject to a
charge for DUI you need to contact an attorney prior to the
expiration of the 10 day window.
If a formal review hearing is requested within the 10 days of your
arrest for DUI, the Department will issue you a temporary driver’s
license until your hearing date and the issuance of the final
administrative order either upholding the suspension or
invalidating the suspension.
Criminal Driver’s License Suspension
The suspension of your license also results if you are convicted
of DUI by the trial court in the criminal proceeding. If you are
convicted of the DUI charge the judge must impose a mandatory
suspension that can range from 6 or 12 months for a first DUI
and longer period for a second and third DUI. This suspension
begins on the date you are convicted.
Suspension Periods Imposed by the Judge Upon
Conviction for DUI:
First DUI Conviction = 6 month minimum to maximum 1 year
suspension
Second DUI Conviction within 5 Years = 5 year revocation of
your
license with eligibility for hardship reinstatement after serving 1
year of the 5 year suspension period.
Third DUI Conviction within 10 Years = 10 years revocation with
eligibility for hardship reinstatement after serving 2 years of the
10 year suspension period.
Fourth DUI Conviction = permanent revocation of your license.
Obtaining a Hardship Driver License and Eligibility for DUI
offenders:
To be eligible for a hardship driver’s license you must enroll and
complete DUI school, provide proof of attendance and completion
of DUI school to the Department, serve a serve a period of the
administrative suspension depending if you refused to submit to
a breath, blood or urine test or submitted and your results were
above .08, provide proof of liability insurance on the date of the
DUI arrest as well as proof of current liability insurance coverage
and pay the Department’s required fees for reinstatement.
Thereafter, you will need to apply for an administrative hardship
hearing and if you are given the approval for early reinstatement
for hardship purposes, you may also be required to enroll in a
Special Supervision Program during the hardship period.
Hardship licensing requirements depend upon the DUI
conviction. Some DUI convictions require the mandatory use of
an ignition interlock device.
HTO DRIVERS LICENSE SUSPENSION
Other than a DUI offense resulting in the suspension of your
Florida driver’s license, the Department has the authority to
suspend, cancel or revoke your license if you are classified as a
habitual traffic offender (HTO) which occurs from the
accumulation of points resulting from the conviction for certain
traffic offenses: driving with a suspended/canceled or revoked
license (DWLS), reckless or careless driving resulting in an
accident with property damage or bodily injury.
Obtaining a Hardship Driver License and Eligibility for HTO
offenders:
The HTO status results in a 5 year revocation of your driving
privilege and eligibility for a hardship license during the
revocation period is determined at an administrative hearing.
Before requesting a hearing to obtain a hardship license it is
necessary to enroll in and complete Advanced Driver
Improvement or “ADI” school course applicable to drivers with a
HTO designation and provide proof of course completion at the
administrative hearing.
It is important to retain legal counsel to represent and assist you
at an administrative driver’s license hearing so that your rights to
a fair hearing are not infringed.
IF YOU ARE IN NEED OF ASSISTANCE OUR OFFICE IS
AVAILABLE FOR CONSULTATION AND WILL RESPOND
PROMPTLY. PLEASE CONTACT OUR OFFICE BY PHONE
OR
THROUGH OUR WEB SITE. THANK YOU FOR VISITING
OUR
SITE.
DRIVER'S LICENSE
Your Florida driver’s license is subject to suspension under a
variety of circumstances. For example, drivers license
suspensions can result from a DUI charge (administrative) and a
DUI conviction (criminal) where there will be two separate
suspensions. Also your Florida driver’s license can be subject to
suspension, revocation and cancellation if you are classified as a
habitual traffic offender (HTO) as well as if you commit certain
offenses (accident with bodily injury) other than DUI which may
result in the immediate suspension of your license. Knowing the
difference between the types of suspensions is important.
DUI DRIVERS LICENSE SUSPENSION
The first resulting suspension after a DUI charge is an
administrative suspension by the Department of Highway Safety
and Motor Vehicles. The second resulting suspension emanates
from the criminal proceeding upon conviction.
It is important to retain legal counsel to represent and assist you
at an administrative driver’s license hearing so that your rights to
a fair hearing are not infringed.
Administrative Driver’s License Suspension
It is important to be aware of Florida’s 10-Day Rule regarding the
suspension of your driver’s license when you are subject to a
charge for DUI and your right to challenge that suspension within
10 days of the DUI offense.
This administrative suspension is imposed after your arrest for
DUI. The DUI citation issued states you have 10 days to
challenge the administrative suspension of your license by
requesting an administrative hearing before the Department of
Highway Safety and Motor Vehicles Bureau of Administrative
Review hearing officer.
The administrative suspension of your license is either based on
the refusal to submit to a breath, urine or blood test, or you
submitted to a breath, urine or blood test and your alcohol level
was above .08 or higher.
Administrative Suspension Periods:
First refusal to submit to a BAC/BAL test = 12 month suspension
from the date of your arrest
Second refusal to submit to a BAC/BAL test = 18 month
suspension from the date of your arrest
First BAC/BAL was over .08 = 6 month suspension.
Second BAC/BAL was over .08 = 12 month suspension.
The traffic citation issued after you are arrested is a 10 day
temporary driving permit that expires at midnight on the 10th day
following the date of your DUI arrest. Thereafter, if you do not
challenge the administrative suspension of your license you
license is suspended and you must serve the suspension period.
It is important to understand Florida's 10 Day Rule for
administrative suspension as you have 10 days to challenge the
suspension by requesting an administrative hearing with the
Department of Highway Safety and Motor Vehicles Bureau of
Administrative Review to get your license back. If you fail to
request that hearing within the 10 days your license will be
suspended for either 6 months, 12 months or 18 months and this
will remain on your license record. Driver’s have successfully
challenged the administrative suspension of their Florida driver’s
license by the Department and this right to challenge the
administrative suspension should not be foreclosed.
It is important to be represented by legal counsel at these
hearings as well to protect your rights and an attorney
experienced in the area of DUI law should be retained to both
defend you in the criminal proceeding as well as represent you at
the administrative hearing. Therefore, if you are subject to a
charge for DUI you need to contact an attorney prior to the
expiration of the 10 day window.
If a formal review hearing is requested within the 10 days of your
arrest for DUI, the Department will issue you a temporary driver’s
license until your hearing date and the issuance of the final
administrative order either upholding the suspension or
invalidating the suspension.
Criminal Driver’s License Suspension
The suspension of your license also results if you are convicted
of DUI by the trial court in the criminal proceeding. If you are
convicted of the DUI charge the judge must impose a mandatory
suspension that can range from 6 or 12 months for a first DUI
and longer period for a second and third DUI. This suspension
begins on the date you are convicted.
Suspension Periods Imposed by the Judge Upon
Conviction for DUI:
First DUI Conviction = 6 month minimum to maximum 1 year
suspension
Second DUI Conviction within 5 Years = 5 year revocation of
your
license with eligibility for hardship reinstatement after serving 1
year of the 5 year suspension period.
Third DUI Conviction within 10 Years = 10 years revocation with
eligibility for hardship reinstatement after serving 2 years of the
10 year suspension period.
Fourth DUI Conviction = permanent revocation of your license.
Obtaining a Hardship Driver License and Eligibility for DUI
offenders:
To be eligible for a hardship driver’s license you must enroll and
complete DUI school, provide proof of attendance and completion
of DUI school to the Department, serve a serve a period of the
administrative suspension depending if you refused to submit to
a breath, blood or urine test or submitted and your results were
above .08, provide proof of liability insurance on the date of the
DUI arrest as well as proof of current liability insurance coverage
and pay the Department’s required fees for reinstatement.
Thereafter, you will need to apply for an administrative hardship
hearing and if you are given the approval for early reinstatement
for hardship purposes, you may also be required to enroll in a
Special Supervision Program during the hardship period.
Hardship licensing requirements depend upon the DUI
conviction. Some DUI convictions require the mandatory use of
an ignition interlock device.
HTO DRIVERS LICENSE SUSPENSION
Other than a DUI offense resulting in the suspension of your
Florida driver’s license, the Department has the authority to
suspend, cancel or revoke your license if you are classified as a
habitual traffic offender (HTO) which occurs from the
accumulation of points resulting from the conviction for certain
traffic offenses: driving with a suspended/canceled or revoked
license (DWLS), reckless or careless driving resulting in an
accident with property damage or bodily injury.
Obtaining a Hardship Driver License and Eligibility for HTO
offenders:
The HTO status results in a 5 year revocation of your driving
privilege and eligibility for a hardship license during the
revocation period is determined at an administrative hearing.
Before requesting a hearing to obtain a hardship license it is
necessary to enroll in and complete Advanced Driver
Improvement or “ADI” school course applicable to drivers with a
HTO designation and provide proof of course completion at the
administrative hearing.
It is important to retain legal counsel to represent and assist you
at an administrative driver’s license hearing so that your rights to
a fair hearing are not infringed.
IF YOU ARE IN NEED OF ASSISTANCE OUR OFFICE IS
AVAILABLE FOR CONSULTATION AND WILL RESPOND
PROMPTLY. PLEASE CONTACT OUR OFFICE BY PHONE
OR
THROUGH OUR WEB SITE. THANK YOU FOR VISITING
OUR
SITE.