Experienced Legal Advocacy in Florida
How DUI Impacts Your Driving Privilege Your Future is Too Important to Risk

How DUI Impacts Your Driver's License in Florida

Fighting to Get Your License Back

Have you or someone you know been arrested for drunk driving? Do you have questions about how the Tampa courts or DMV handle the DUI process? If you've been arrested for driving under the influence in Florida, this can have an effect on your driving privileges in a few different ways. A DUI is twofold in this state. First, there is the criminal aspect of a case and then there is an administrative aspect to the case. Both are distinct, but both are direct results of a DUI arrest.

The criminal side of the case deals with the criminal charge while the administrative side deals strictly with your license and whether or not it will be suspended. Our Tampa attorney at Taracks & Associates can assist you with both the criminal proceedings and the DHSMV hearing.

Administrative Penalties

Upon an arrest for suspicion of DUI, law enforcement can take you in for a chemical breath test. If you take the test and the results show that you have a .08 percent or higher, then your license can automatically be suspended ten days later for a total of six months. Those who refuse any type of chemical test, breath, blood or urine, will have their license suspended for one year. For any second or subsequent refusal of a chemical test, the penalty is an 18-month license suspension.

If you have been arrested and charged with a DUI after blowing a .08 percent or higher, then you and your lawyer can petition for a DMV hearing, so long as this is done within ten days of the arrest. Your suspension will then be in a state of "pending" until the DMV hearing. In the meantime, you will get a temporary driving permit. This will only be valid 42 days and allows a person limited driving privileges such as driving to work, and school.

If your lawyer is successful at the DMV hearing and proves that your suspension was not valid, you will get your license restored to you. If the DMV chooses not to restore your license, then for 30 days you cannot drive because either you blew over a .08 BAC or your license will go into automatic suspension for 90 days because you refused a chemical test. At the end of either this 30 or 90 day period, you can petition for another temporary permit. If successful, you will have limited permission to drive to places such as school, work, etc. After the full period of your license suspension is over, you can petition for a full reinstatement.

Criminal Penalties

Next is the criminal aspect of your DUI case. A first-time DUI conviction requires that a person's driver's license be suspended for six months. Depending on when your criminal case is actually resolved, this may or may not overlap with your DMV suspension. If you are convicted for a second DUI within five years of your first, then Court orders will require a license suspension for five years. In some cases, a DUI can be reduced to a charge of reckless driving. In this case, you will not have to face any Court suspension.

Fight for Your Freedom. Call Taracks & Associates Today.

Overall, you are not without hope when it comes to driving after a DUI. Act fast, within ten days of your arrest, and challenge your DMV license suspension in hopes of receiving a temporary permit. Even those who are not successful at the DMV hearing can petition for a second temporary permit after serving 30 or 90 days of suspension (depending on your charges).

By having an experienced Tampa attorney on your side, you may be able to get your charges reduced or even dismissed outright. As a repercussion of a dismissed case, you could save thousands of dollars that you would have had to spend in court costs, DUI fines and higher insurance rates.

Contact a Tampa lawyer from Taracks & Associates today at (813) 990-0599. We have a former prosecutor on our team which could significantly benefit your case. Call today and receive a free and completely confidential case evaluation.

Because Quality Representation Matters

  • Helping Clients with Their Legal Challenges for over 30 Years
  • More than 10,000 People Helped
  • 185 Jury Trials Handled
  • The Experience of a Former Prosecutor
  • Highly Recommended by Peers & Past Clients
  • Free Initial Consultations
Your Experienced Advocate

With more than 30 years of experience on both sides of the law, Attorney Barry Taracks has the knowledge and insight needed to build an effective defense for you. 

Pursuing Great Results

Your Best Interest is Our Priority
  • DUI and LSOA Reduced to Reckless Driving
  • Professional Accused of DUI Reduced to Reckless Driving
  • Client Charged with DUI AND DWLS Case Dismissed
  • 2 X DUI/Open Container Case Dismissed
  • Charged with DUI Case Dismissed
  • DUI Reduced to Reckless Driving
  • DUI Reduced to Reckless Driving
  • DUI Reduced to Reckless Driving.
  • DUI Following a Traffic Accident Reduced to Reckless Driving
  • 3rd DUI Reduced to Reckless Driving

Client Stories

People Sharing Their Success
    He is very respected by judges and prosecutors and it shows in the courtroom.

    “I worked for the state of Florida for several years and dealt with dozens of attorneys in the Hillsborough area. Out of all the defense attorneys representing in my cases, he was by far the most ...”

    - Brad
    My case was dismissed and I was free to go on with my life!

    “Barry saved my life! I was facing an 18 month prison sentence, my former attorney had advised me to take it because the case was solid against me. I came to Barry for a second opinion, he listened to ...”

    - David
    Great Lawyer!

    “Barry was there for me when my own family wouldn't, he was courteous, knowledgeable and got me out of a jam. Highly recommended to anyone who's serious of winning their case.”

    - Former Client
    Powerful advocate for us throughout these difficult times!

    “Thank you for helping my other half through this difficult trial, and for ensuring the best possible outcome on his behalf. I am so grateful to you for representing him in court, and for being a ...”

    - F.C.
    Top notch criminal Defense attorney!

    “Barry got my case dismissed. He was great about returning my texts, calls, and e-mails. He truly cares about his clients and improving their lives. Besides the fact that he got my case dismissed, he ...”

    - Former Client

Put Your Legal Charges Behind You

Get a Free Consultation 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.