Administrative License Suspension
What is an Administrative License Suspension in the context of DUI?- Occurs in several situations but for purposes of this section we discuss DUI driver’s license suspensions.
- Can occur where you refuse a breath, blood, urine test for DUI
- Can also occur where you take the test and you blow over .08
- Your license will be suspended in either of those examples.
What is an Administrative - What can you do about an Administrative License Suspension?
- You can Appeal the Administrative License Suspension!
- You Appeal by asking for a formal administrative hearing.
- You must go to the DMV and request a formal review within 10 days.
- The administrative hearing will be then set within 30 days.
- What do they look at?
- Administrative License Suspension Hearings are analyzed through the scope of Florida Statute 322.2615.
- The hearings are quite limited in scope.
- With regard to a refusal the hearing officer will look to see whether there was (1) Probable cause for the test; (2) a request to take the test; (3) a warning that if the test is not taken the DL will be suspended, and then the actual refusal of the test by the Defendant.
- With regard to blowing over .08, the hearing simply looks at the test results and whether you failed.
- Obviously the arguments can be more advanced, but that’s where hiring a qualified lawyer comes in.
- What can you do if hearing on Administrative License Suspension doesn’t work?
- You can ask for a hardship license.
- If you refused the test you must wait 90 days before you can ask for a hardship license.
- If you blew over a .08 you must wait 30 days before you can ask for a hardship license.
- The hardship license request is another hearing in front of an administrative hearing officer.
- In order to qualify you must have already started the DUI classes and school when you apply for the hardship.