Administrative License Suspension

Administrative License Suspension

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  • 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 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.

Questions about Administrative License Suspension Hearings?

Call 407-930-8912. www.SmithandEulo.com