Posted on Jul 19, 2018
Until recently, people arrested for DUI in Florida faced very stiff administrative penaties from the Department of Highway Safety and Motor Vehicles, however, new laws went into effect on July 1st.Under the old law, if someone took a breath test and blew a .08 BrAC or higher, or if they refused to take a chemical test to measure the alcohol in their system, they only had 10-days to request a special hearing to contest the administrative suspension of their driver’s license. So long as a request for a Formal Review Hearing was filed on or before the 10th-day following the date of their arrest, the DHSMV issued the driver a Temporary Permit for an additional 42-days. If the suspension was sustained at the Formal Review Hearing, those who took a breath test would have their licenses suspended for 6-months with no driving for the 1st 30-days, and those who refused to take the test would suffer a one-year suspension and couldn’t drive for 90-days before being able to apply for a Hardship DL.Now, 1st time DUI defendant’s can waive the right to have a Formal Review Hearing and immediately apply for a Hardship Permit without suffering any period of time without being able to drive. There are a few wrinkles regarding the new law. For more info about how to stay on the road if you’ve been arrested for DUI, call attorney Robert Malove at 954-861-0384.