Review Hearings for Administrative Suspensions and Disqualifications
Our Palm Beach and Broward County DUI defense lawyers at the Law offices of Leifert & Leifert know that sections s. 322.2615 and s. 322.64 of the Florida State Statutes authorize the Department of Highway Safety and Motor Vehicles (DHSMV), upon the request of the driver implicated in the case, to conduct formal and informal reviews for the purpose of sustaining, amending, or invalidating administrative suspensions and/or disqualifications.
As former prosecutors, our DUI defense lawyers know that the decision(s) of the Department, as described above, shall not be considered in any DUI trial stemming from a violation of s. 316.193 of the Florida State Statutes, nor shall any written statement submitted by a person in his or her request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension and/or disqualification. The fact that an individual can request formal and informal reviews regarding the legitimacy of administrative suspensions and/or disqualifications demonstrates a right of Floridians, a right which, when exercised, cannot be used as evidence indicating guilt.
Based on our experiences, we know that there are certain rules that limit one’s eligibility to request a hardship reinstatement or other similar exceptions by the court.
Regarding Business or Employment Reinstatement:
For Suspension for Driving With an Unlawful Alcohol Level of .08 or Above or Refusal
- The offender must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level (i.e., .08 or above), the offender must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal (to submit to a BAC/BAL test), the offender must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above
- The offender in question must complete (i.e., not just show evidence of enrollment in) a Traffic Law and Substance Abuse Education course before hardship reinstatement. For a BAC/BAL of .05 or higher, said offender must complete a DUI program prior to eligibility for hardship reinstatement. Moreover, the offender must serve 30 days without a driver’s license or permit prior to becoming eligible for a hardship reinstatement.
In addition to the laws set forth above, our Palm Beach and Broward County DUI defense lawyers at the Law Offices of Leifert & Leifert know that hardship licenses are prohibited as described below:
- Upon an individual’s second or subsequent suspension for test refusal or if the driver has/had been convicted of s. 316.193 (the Florida State Statute dealing with DUI) two or more times.
- If the individual has been disqualified from operating a commercial motor vehicle and is requesting a hardship license to operate a commercial motor vehicle.
If you’ve been arrested for or charged with DUI in Palm Beach, Broward or Miami-Dade County, contact our experienced DUI defense attorneys at the Law Offices of Leifert & Leifert. We have decades of experience in handling DUI cases, first as prosecutors and now as defense lawyers; we know which strategies work and which don’t. To schedule a free consultation, give us a call at 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you.