DUI Administrative Hearings in South Florida
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 South Florida 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 South Florida 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.
Call The Law Offices of Eric M. Matheny, P.A. at (305) 504-6655 today to schedule your free consultation and discover how working with Mr. Matheny is the right move for your case and freedom.
“Eric is a great lawyer.”- Former Client
“In a stressful and confusing time Eric was like a breeze of fresh air.”- Camila
“If you want the best look no further.”- Michael