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Department of Motor Vehicles

The Ten Day Rule

Many people are under the mistaken belief that refusing the breathalyzer will help them avoid a DUI conviction and or a suspension of their license. Whether or not you take the breathalyzer, once an officer charges you with DUI, the DMV’s “ten-day” clock is ticking. If a notice of suspension has been issued, the driver “may request a formal or informal review of the suspension by the department within 10 days.”

The DMV hearing

You and your attorney must also consider the authority of the Department of Motor Vehicles (DMV) whether you agreed to perform tests or not. Since this agency has the power to suspend driver’s licenses, your license is not only subject to suspension by the criminal courts, but also by the DMV. The issue addressed at the DMV hearing is whether or not there was probable cause to arrest you for DUI. If the DMV hearing officer finds that the officer had probable cause to arrest you for DUI, the suspension of your license will be upheld by the DMV. Florida Statue 322.2615, moreover, clearly states that your decision to refuse a breathalyzer can actually increase the suspension time of your license. Follow this link to Florida Senate website to review this statue for yourself. Read more

If you fail to request a hearing before the DMV the agency will automatically suspend your license. The period of suspension will depend on the particular facts of your case, and whether you have been arrested for any prior DUI’s. How the prior DUI charges were resolved can have a dramatic impact on your period of suspension.

Driver’s License Hard Time

If the DMV imposes a suspension, the agency will also impose a period of "hard time" without a license. “Hard time” refers to the mandatory period you must go without a license (you may not apply for a hardship license during “hard time”). For instance, if a first time DUI offender, who agreed to perform the breathalyzer, fails to request a hearing before the DMV, he will receive a six (6) month suspension of his license. He will also have to do 30 days of “hard time”, again without the ability to get a hardship license.

Addressing your defense early in regards to the Department of Motor Vehicles is crucial. Contact the Criminal Defense Group today for a free consultation.

Criminal Defense Attorney, William W. Hanlon, located in Tampa, Florida, defends the rights of clients throughout Hillsborough County, De Soto County, Hardee County, Highlands County, Manatee County, Pasco County, Pinellas County, Polk County, and Sarasota County in West Central Florida and the Gulf Coast. This includes Tampa Bay Area, Arcadia, Bartow, Bradenton, Carrabelle, Clearwater, Dade City, Hillsboro, Lakeland, Newport, Orlando, Pinellas Park, Plant City, Sarasota, Sebring, St. Petersburg, Temple Terrace, Venice and Winter Haven.