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Law Offices of Eric M. Matheny, P.A.
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Mandatory Driver's License Suspensions

Driving is a privilege, and the DHSMV will not let you forget it. If you are convicted (adjudicated) of certain crimes, your driving privilege can be taken away from you. Here are some scenarios in which your driver's license will be mandatorily suspended: 

1) Drug Convictions 

Any adjudication imposed for a violation of Florida Statute section 893 will result in a 2-year suspension. This includes possession, sale, and trafficking charges. Even a conviction for possession of marijuana will result in a 2-year suspension. On a drug suspension, you can only apply for a hardship license after serving 1 year of the suspension. 

2) Fleeing and Eluding 

Fleeing and eluding carries a mandatory conviction and a mandatory 1-year driver's license suspension. 

3) DUI 

A. First Conviction: Minimum 180 days revocation, maximum 1 year. 

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. 

C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years. 

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. 

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. 

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above. 

4) Driving While License Suspended as a Habitual Traffic Offender (HTO) 

A conviction for this felony charge will result in a 5-year suspension, renewing an accused's HTO status. A hardship may be available after 1 year. Remember, these suspensions are statutory, meaning that the judge must impose them. If you drive while your license is suspended, you may face misdemeanor or even felony charges. 

The Law Offices of Eric Matheny is a criminal defense firm that serves Miami-Dade and Broward. Call today to discuss your case. 

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