DUI Administrative Hearings in Miami-Dade County
Understanding the Importance of a DMV Hearing
Arrested for drunk driving? Time is of the essence; Florida law only gives the accused ten days from the date of arrest to challenge the mandatory driver's license suspension. When you are arrested for a DUI in Florida, the Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driver's license for six months if your blood-alcohol content was .08 of higher, or suspend your license for one year if you refused to submit to the breath test. If you have previously had your driver's license suspended for refusing to submit to a breath test, you will lose your driver's license for eighteen months and will be charged with a misdemeanor.
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"What are my rights during a DMV hearing?"
- Subpoena witnesses
- Testify on your own behalf
- Review evidence
- Challenge evidence
The 10-Day Rule
When you are arrested for DUI, your physical driver's license will be taken by the arresting officer. Your DUI citation will serve as your temporary driver's license, but only for ten days. Within that ten-day period, your DUI attorney must request an administrative hearing with the DHSMV in an effort to invalidate the suspension and restore your driving privilege.
By requesting a hearing, your Miami-Dade County DUI attorney will be able to subpoena police officers to come and testify before a DHSMV hearing officer. This gives your attorney the opportunity to challenge the evidence against you, which may result in the driver's license suspension being lifted. While the hearing date is pending, you may be able to obtain a temporary permit that will allow you to drive to and from work and school.
Reliable Miami-Dade County DUI Lawyer
Losing your driver's license in urban areas like Miami-Dade and Broward can be devastating. Taking a chance and driving while your license is suspended is a crime and could result in another arrest. The administrative component to your DUI case is separate from the criminal component. Your DUI lawyer is charged with the responsibility of not only defending you in court, but in making every effort to preserve your driving privilege. Since there is so much at stake, retaining the services of a highly skilled and aggressive attorney is of paramount importance.
I was charged with three felony charges related to check fraud. Eric used his expert knowledge to help resolve the charges with one day of jail served on the day that I surrendered myself to have charges filed.- Former Client
He made everything very clear and easy to understand and always kept me up to date with any changes.- Camila
We highly recommend him and would not hesitate to supply a personal reference concerning his professional conduct and compassion.- Michael
Tried 50+ Jury & Non-Jury TrialsAttorney Eric M. Matheny has tried enough cases to know that every case deserves a unique strategy in the courtroom. Our firm keeps your future in mind and always protects your rights.
Recognized Criminal Defense AttorneyAttorney Eric M. Matheny has been named among the “Best Criminal Lawyers in Miami” three years in a row: 2017, 2018 and 2019, by Expertise.com.
Experienced Former ProsecutorWith an insider’s perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make wise decisions about how to proceed with your defense.
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