Florida was one of the first states to provide for Summary Arrest Suspension of a Drivers’ License immediately after a DUI Arrest. Once the officer places a DUI suspect under arrest, the privilege to drive is at risk. If the arrested provides a breath test of .08 or above, or doesn’t agree to take the breath, urine or blood chemical test the arresting officer will now seize the Driver’s License.
We at Taracks & Associates know that if you have been arrested for DUI, and the arresting officer did not return your Driver’s License that occurred less than 10 days ago to fight that suspension. By requesting a Formal/Informal review within 10 days of your DUI arrest, not only are we trying to reinstate your Driver’s License, but also gathering crucial evidence that we are not likely to gather by any other way. So call the experienced Tampa DUI Attorneys at 813-281-2897 for a Free Consultation to start building defense to your DUI!!!
At this Review Hearing we will be able to subpoena the main officer’s on your case, have them come in and answer OUR questions under oath, and without the Prosecutor helping them to answer the questions. If you do not hire a Florida Hardship License Attorney within 10 days of your arrest, this opportunity to gather crucial answers for your case will be lost.
While this hearing process is pending, your DUI ticket actually operates as a temporary 10 day permit to drive. Once that 10 days expires you may be eligible to have a Hardship License issued, during the time that your Driver’s License is suspended due to your DUI Arrest.
Fla. Stat. § 322.2615(1)(b) provides for the Driver’s License Suspension periods after a DUI arrest as follows:
- For 6 months for a breath test result over .08 % or above, if it is the first arrest suspension,
- For 12 months for a breath test over .08% or above, it there is a previous arrest suspension.
- If it is the first time the arrestee has refused to take a chemical test, the suspension period is for one year.
In order to secure your Hardship License you will need to do the following:
- Apply for a Hardship Hearing in the county in which you were arrested. This Hardship Hearing Form (HSMV 78306) has the listing of the offices in which these hearings are conducted. https://flhsmv.gov/pdf/forms/78306.pdf The cost for this Hardship Hearing is $12.00
- Enroll in the appropriate DUI School, and bring that proof with you to the Hardship Hearing or make arrangements to provide proof in advance of the Telephonic Hardship Hearing.
- During this hearing, you will be asked questions under oath. You will need to explain why you need a Hardship License, and that you will agree not to consume any alcohol, controlled substances and/or medication (unless prescribed) while operating a motor vehicle.
You may not have the Hardship Hearing scheduled during the “Hard Suspension”, that is you cannot drive during the first 30 days from the expiration of the 10-day Temporary Permit if you took the Breath Test, and you cannot drive during the first 90 days from the expiration of the 10-day Temporary Permit if you refused to take the Breath Test. If you get a ticket for any driving offense, particularly Driving While License Suspended or Revoked, you will be deemed ineligible to receive a Hardship License.
Likewise, do not drive to the Hardship Hearing, because if you are seen driving to the license office, or even getting out of the driver’s seat of a car, this can be used as proof of driving during the Hard Suspension, and you will be deemed ineligible.
Applying for and receiving a Hardship License appears easy on the State of Florida website, but the procedures that must be followed to the letter are quite specific, and any deviation from the administrative rules and procedures will result in a denial of your request for the Hardship License.
If you have been arrested for DUI, and you are in need of securing you Hardship License, call today for your Free Consultation from one of the Tampa Hardship License Attorneys at 813-281-2897.
If you are a student, temporary relocated worker, or visiting in Florida, the requirements to get a Florida Hardship License the steps are even more complicated, so please call the Tampa Hardship License Attorneys at Taracks & Associates for your Free Consultation at 813-281-2897. We can then discuss how to keep you driving in Florida, and then back at your home while we are defending you here in Florida.