Whenever you are stopped and arrested for a DUI, your driver's license is automatically suspended. Now this suspension can be challenged and possibly invalidated through the DUI Administrative Hearing process. However, if you are not able to save your driver's license through this process, your license will be suspended. Even if you receive a work-purposes license (hardship license), you may only use that license to drive for work and school purposes. Recreational driving can constitute Driving While License Suspended.
Many prosecutors believe that you should receive jail time for driving on a DUI suspension. Prosecutors believe that a DUI is a serious enough offense, let alone driving when your license has been suspended for such a reason.
In Miami-Dade County, for instance, most prosecutors will seek a conviction and 10 days in jail for driving while on a DUI suspension.
In other counties, prosecutors may seek much more jail time.
If you are pulled over for Driving While License Suspended while your DUI charge is still pending, prosecutors may legally seek to have your DUI bond revoked since a new arrest is a violation of pre-trial release.
If this occurs, you may end up sitting in jail without a bond while your DUI case and new DWLS case await trial.
Call Eric Matheny to discuss your DWLS case in Miami-Dade and Broward.