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Arrested for DUI? Contact Our Defense Team!
In Florida, a drunken driving charge results in two different actions, one is a criminal charge for which you will have a hearing to decide if you are guilty of DUI, and a DMV hearing is brought by DHSMV to determine if your driver’s license should be suspended. These two actions are entirely separate from each other. You are required by Florida’s Implied Consent law to provide a blood, urine or breathe sample if you are stopped and charged with drunk driving. The penalty is clear if you refuse – one year suspended license for the first refusal, one and a half year’s suspension if you refuse a second time.
In the Tampa Bay Area, the public transportation system is less than optimum. Not being able to drive could greatly curtail your ability to work, attend school, or buy groceries. A competent Tampa attorney will be able to prepare a strong defense that may prevent you from having to take the bus to get around or being forced to depend on the kindness of friends and family members.
Your Right to a DMV Hearing
You must schedule a DMV hearing within 10 days of your arrest or else your driver’s license will be automatically suspended for 6 months. Once your attorney has scheduled your hearing, you will be granted a temporary driver’s permit. The proceeding is held by a DMV official who acts as both the prosecutor and the judge. Some of the things looked at are:
- Was the traffic stop legal?
- Was the arrest process legal?
- Were you the person driving the vehicle?
- Was your blood alcohol content above the legal limit?
- Were you given a breath test and was it administered properly?
If the result of the proceedings is the upholding of the suspension, you may request a hearing to dispute that ruling. The Tampa DMV hearing lawyer from Taracks & Associates has represented many clients at DMV hearings. As former DUI prosecutors, we know the questions to ask to maximize your chances of keeping your driver’s license and preserving your freedom.