DHSMV Hearings in Florida
In Florida, a driver who fails or refuses a breath test or blood test after a
drunk driving arrest will face the automatic suspension of his or her driver's license. If the breath or blood test shows a blood alcohol concentration of .08% or greater, or if the driver refuses the test altogether this may be grounds for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to suspend the driver's license. However, the driver must have been lawfully arrested.
DMV Hearings and Administrative License Suspension
If you were arrested for DUI in Miami and were served a Notice of Suspension of your driver's license, you will have 10 days to contact the Florida DHSMV to request an administrative hearing. Your DHSMV hearing will be your only opportunity of avoiding license suspension and revocation, so it is important to act quickly to request your hearing.
Following are the terms of license suspension/revocation that may be imposed due to a DUI arrest or conviction:
- First DUI - 180 days to 1 year revocation
- Second DUI within 5 years - 5 year revocation
- Third DUI within 10 years - 10 year revocation
- Fourth DUI conviction - permanent revocation
- First breath/blood test refusal - 1 year suspension
- Second refusal - 18 months suspension
A lawyer can schedule your DHSMV hearing for you and can represent you at your hearing in order to offer you the best opportunity of keeping your license.
Hire a Miami DUI Attorney for DHSMV Hearings
Attorney Michael Mirer represents drivers throughout Miami and the greater South Florida in all types of DUI-related cases, and this includes in criminal court and at DHSMV hearings. As an aggressive and experienced criminal defense lawyer with a background as a former Miami-Dade prosecutor, attorney Mirer understands the ins and outs of both sides of the criminal process. He will apply his knowledge and experience to assist you in avoiding a conviction as well as in keeping your driver's license.
At times, preparing for a DHSMV hearing will also benefit a driver's outcome in criminal court, as important evidence may be discovered or strategies can be developed that will provide a better result. Contact a Miami DHSMV Hearing Lawyer at the Law Office of Michael Mirer, P.A. today if you would like to learn more about fighting your DUI charges.