After a DUI arrest, your driver’s license could be suspended for many different reasons. Refusal of a breath test, points on a license, or as a penalty for a drunk driving conviction may be a reason for your license suspension. Understanding why license revocation may occur and how to challenge it could make a major difference in keeping your driving privileges. Being unable to drive can be a major inconvenience and could make it impossible to get to work, go to school, or engage in everyday tasks.
For help with your Boca Raton DUI driver’s license suspension, allow a drunk driving defense lawyer to present your case. A consultation with a member of our legal team may help determine the best path to challenge the suspension.
DHSMV Administrative Drivers’ License Suspensions
Under state law, a DUI case is likely to result in two different types of suspensions. The first is a Department of Highway Safety and Motor Vehicles (DHSMV) Administrative Suspension. This is imposed—not as part of the defendant’s criminal case—but through an administrative process. After a DUI arrest, this suspension may be imposed if:
- The defendant refused to acquiesce to a breath, urine, or blood test; or
- The defendant did submit to the test, and their blood alcohol concentration (BAC) was 0.08% or higher
A test refusal could result in a suspension for six months, one year, or eighteen months, depending on a number of factors.
The Ten-Day Rule
With refusals, a defendant is granted a temporary driving permit that lasts ten days. Within that ten-day period, a DUI defendant in Boca Raton may request a formal review hearing with the DHSMV to fight the administrative suspension of their driver’s license.
This period of time is critical. Failure to properly request this hearing in time can result in the imposition of the suspension. A proper request could get the defendant a temporary license that extends much further and permits the defendant to drive. Additionally, a successful challenge to the suspension could permit full driving privileges during the pendency of the criminal case.
Criminal Sanction Suspensions
In a criminal case, a person’s driver’s license may be suspended as a result of a conviction. Depending on the severity of the offense and type of DUI charge, this suspension can last anywhere from a couple months to a lifetime ban. The time someone’s license may be suspended typically increases with the number of prior DUI offenses and the severity of the surrounding or aggravating circumstances with the charge.
Challenging a Revoked Driver’s License in Boca Raton
When a defendant’s license is suspended or even revoked, there are challenges that can be made to this legal determination. The specific method to challenge the revocation can vary depending on whether the license was suspended administratively or as part of criminal sanctions. Following a license suspension for a DUI, a defense attorney in Boca Raton may be able to:
- Apply for a hardship license for the defendant
- Fight the administrative suspension of the defendant’s driver’s license
- File a motion for temporary or limited driving privileges
- File for reinstatement of a driver’s license after a conviction
- File an appeal on the underlying criminal case
These strategies as well as many others may help the defendant get their driving privileges back after a DUI arrest.
Speak with a Boca Raton Attorney About Your Driver’s License Suspension
Having your license suspended could make certain aspects of your life more difficult. Fortunately, a strong defense of the DUI charge and any administrative sanctions may make a significant difference. For help with Boca Raton DUI driver’s license suspensions, contact our office today and speak with a drunk driving defense attorney. We are here to help.
