Florida is experiencing rapid growth, with development on the rise as more people move to enjoy its beautiful beaches and diverse culture. Due to the spread-out nature of residential and commercial areas, most Floridians rely on a car to get around. Unfortunately, owning a car and being licensed to drive are privileges that can be stripped away at any moment, especially if the DMV finds out you were arrested for DUI.
When you need to fight for your license after a DUI arrest, consider contacting a knowledgeable defense lawyer who can help you resolve the administrative and criminal issues that will follow your arrest.
Understanding Florida’s Implied Consent Law
Florida’s implied consent law is a cornerstone of the state’s DUI regulations. Under this law, by accepting the privilege of driving, you automatically agree to submit to a breath, blood, or urine test if a law enforcement officer has reasonable cause to believe you are driving under the influence.
This means if you are pulled over and suspected of DUI, you are legally obligated to undergo testing to determine your blood alcohol content (BAC). The implied consent law applies to all drivers, and refusal to comply can result in severe penalties, including license suspension. Understanding this law is crucial for all drivers as it underscores the importance of compliance during a DUI investigation.
What are the Penalties for Refusing to Take a Breath Test?
Most people who are stopped under suspicion of DUI don’t appreciate needing to give police evidence that could work against them in court. However, due to Florida’s implied consent law, defined in Section 316.1932 of the Florida Statutes, any individual who accepts the privilege of driving in the state has consented to submit to lawful requests for urine, breath, and blood samples to determine their BAC.
So, when you applied and signed for your driver’s license, you gave the state consent to test you to find out what your blood alcohol concentration is in a DUI investigation. If you refuse to take a breathalyzer test when requested by a police officer during a traffic stop, you may face additional administrative penalties.
What Can I Expect if This Is My First DUI?
If you’re a first-time DUI offender, you can face up to two license suspensions. If you refuse a DUI test like a breath test, the DMV will suspend your driver’s license for one year. If you’re ultimately convicted of DUI, the court may impose an additional sentence that would begin after the DMV’s suspension expires. A field sobriety test is often used by law enforcement to assess impairment during a DUI stop.
Refusing a breath test can also be a financial burden. The DMV charges fees for reinstating licenses and applying for a hardship license. You may also be required to pay for a DUI course out-of-pocket, and the fine associated with your citation for a first-time misdemeanor DUI can range from $500 to $1,000.
Also, refusing to take a breath, urine, or blood test, as well as field sobriety tests, can be used against you in court. While you might think not giving the state a BAC to judge your level of intoxication could help your case, this might backfire because the state can assume your refusal shows “consciousness of guilt.”
What Happens to My Driver’s License After a DUI Arrest?
If the investigating officer who conducts the traffic stop believes you’re impaired, they will confiscate your driver’s license and hand you a citation for DUI. This piece of paper doubles as your temporary driving permit. You have just ten days after your DUI arrest to request a formal review hearing, where you can appeal to the DMV to reinstate your license.
You can also choose to waive the formal review hearing and apply for a license for business purposes only. If you choose to proceed with the hearing, having an attorney represent you can help you win a successful outcome. If you’re successful in the hearing, the DMV may reinstate your license, and you regain full driving abilities. If you lose the hearing, you become ineligible for any driving privilege, including a business purpose-only license.
Steps to Request a Formal Review Hearing
If you have been arrested for DUI and your license has been suspended due to refusing a breath test, you have the right to request a formal review hearing. This hearing is a critical opportunity to challenge the suspension of your driver’s license. Here are the steps you need to follow to request and prepare for a formal review hearing:
- Understand the deadline: You must request a formal review hearing within ten days of your DUI arrest. Missing this deadline means forfeiting your right to challenge the suspension before the Department of Highway Safety and Motor Vehicles (DHSMV).
- Submit a written request: You need to submit a written request for a review hearing to the DHSMV. This request should include your personal information, details of the arrest, and any supporting documents you might have. You can obtain the necessary forms from your local DHSMV office or their website.
- Pay the required fee: There is a fee associated with requesting a formal review hearing. Be prepared to pay this fee at the time you submit your request. The exact fee can vary, so check the current rate on the DHSMV website or call ahead to confirm.
- Prepare your case: Gathering evidence and organizing your defense is crucial. This might include subpoenaing witnesses, such as the arresting officer, gathering video footage from the arrest, or obtaining records that support your case. It is advisable to work with a DUI attorney who has experience with formal review hearings to ensure your case is as strong as possible.
- Attend the hearing: During the formal review hearing, your attorney will have the opportunity to present evidence and argue why your license should not be suspended. It is conducted by a hearing officer who, while not a judge, has the authority to decide the outcome of the hearing.
- Wait for the decision: The hearing officer will provide a decision based on the evidence presented. You will get a notification of the decision by mail, which will inform you whether your license suspension has been upheld, amended, or invalidated.
- Appeal if necessary: If the decision is not in your favor, you have the option to appeal the hearing officer’s decision. Your attorney will counsel you on the feasibility and the process of an appeal.
Requesting and preparing for a formal review hearing is complex, and the outcome significantly affects your ability to drive legally. Seek the representation of a DUI attorney who will guide you through the process and maximize your chances of a favorable outcome.
Defenses Against DUI Charges
Facing a DUI charge can be daunting, but there are several defenses that can be employed to challenge the allegations. One common defense is to question the accuracy of the breathalyzer test results. This can involve arguing that the test was improperly administered or that the breathalyzer device was malfunctioning.
Another potential defense is to contest the officer’s probable cause for the traffic stop. If it can be demonstrated that the officer lacked reasonable cause to believe you were driving under the influence, the charges may be dismissed.
Additionally, if you were not properly informed of your rights before taking the breath test, the results might be deemed inadmissible in court. These defenses highlight the importance of scrutinizing every aspect of the DUI arrest process.
Hardship Licenses in Florida
If your driver’s license has been suspended due to a DUI conviction or refusal to take a breath test, you might be eligible for a hardship license. A hardship license permits you to drive for essential purposes, such as commuting to work or school, during the suspension period. To qualify for a hardship license, you must meet specific criteria, including completing a DUI school program and paying the necessary fees.
Additionally, you must demonstrate a legitimate need for the license, such as employment that requires driving.
Can a DUI Defense Attorney Help Your Case?
Navigating the complexities of DUI laws can be challenging, which is why working with an experienced attorney is crucial. A knowledgeable DUI attorney can guide you through the legal process, ensuring your rights are protected at every step. Criminal Defense Attorney Brian Gabriel will help you understand the potential consequences of a DUI conviction and explore all available defenses.
Furthermore, he can assist you in applying for a hardship license and represent you at a formal review hearing to contest the suspension of your driver’s license. By working with an attorney, you can significantly improve your chances of achieving a favorable outcome in your case.
How Can I Regain My Driving Privileges After a DUI in West Palm Beach?
Talk to a DUI attorney as soon as possible after your arrest. Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel has helped people in situations like yours for more than 30 years. He can guide and educate you on the DMV and judicial process to protect your driving privilege and reputation.
Criminal Defense Attorney Brian Gabriel understands how difficult it is to get around without a license, which may even threaten your employment. His goal is to help you achieve the best possible outcome. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.