Your Driver’s License

For first time DUI offenders, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will consider whether or not a person who has either failed a breath, blood or urine test or refused to submit to a breath, blood or urine test, is eligible for a Hardship License in lieu of challenging the pending suspension. The request for an “eligibility review hearing” must be made within the first ten (10) days after the DUI arrest. As our Palm Beach and Broward County DUI defense lawyers at the Law Offices of Leifert & Leifert know, the theory is that if a first time offender waives their right to challenge the suspension, the Department will issue a hardship license immediately and the driver will not be subject to the “hard time” suspension of thirty (30) days for a failed breath test or ninety (90) days for a refusal to submit to a breath test.

So, let’s clarify that: if you’re a first-time DUI offender, within the first ten (10) days following your DUI arrest, you can waive your right to have your driver’s license suspension challenged. Normally, one would think that’s akin to pleading guilty or no contest, etc., (i.e. admitting the wrongdoing and accepting whatever punishment is to be expected). However, as our Palm Beach and Broward County DUI defense lawyers know, if you were arrested for DUI after July 1, 2013 and you have never previously had your privilege to drive suspended for a DUI offense, you might be in a position to take advantage of a legal allowance under Florida law whereby you waive the right to challenge the suspension and then, although the administrative suspension is triggered, the DHSMV immediately issues you a hardship license, giving you the ability to avoid the 30 or 90 day suspension (depending on whether or not you submitted to the BAC test).

In order to be eligible for the aforementioned, as our Palm Beach and Broward County DUI defense lawyers know, besides the offense in questions being the first, the driver in question must have a valid Driver’s license and proof of enrollment in a DUI School. (It’s very important to always be sure that when you’re driving, you have a valid driver’s license; our firm has represented individuals who are from other states and unknowingly were driving with a license that had been suspended in the state of issue). In order to be eligible, the driver must also appear in person with their DUI Citation and proof of enrollment in the DUI School and be prepared to pay reinstatement fees to the Department of Highway Safety and Motor Vehicles.

Only an experienced DUI defense lawyer such as one of ours as the Law Offices of Leifert & Leifert can determine whether or not taking advantage of this administrative process is in your best interest. Time is of the essence, though. As such, if you’ve been arrested for DUI in Palm Beach, Broward or Miami-Dade County, contact one of our DUI defense lawyers at Leifert & Leifert immediately (remember, we must enter a request or waiver within 10 days) by calling 1-888-5-DEFEND (1-888-533-3363) to schedule a free consultation. We look forward to assisting you.

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  • Brian Leifert is an excellent criminal defense attorney, well experienced in criminal court cases such as DUI and drug possession as well as traffic cases. If you have a traffic ticket in Broward or Palm Beach County you just bring it to his office and they take care of it. They maintain excellent communication to let you know what is happening with your case. I refer anyone that needs his services and they are always happy.
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  • Consulted with Doug on a speeding ticket which I really didn't deserve, in my opinion...
    Doug is great! He is professional, fair and follows through. He took care of my case quickly and thoroughly. I was at ease throughout the entire process. My case was dismissed, no points, no traffic school and his fee was very reasonable!
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  • I received a ticket for a stop sign violation. I am a careful driver and had a perfect driving record until now. I hired Douglas Leifert and was thrilled that he got my case dismissed - no points, no traffic school, no fines. Would definitely hire again!
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  • After consulting several attorneys, I hired Mr. Leifert to represent me on a complicated and potentially devastating case. I found Mr. Leifert and his staff to be experienced, accessible and willing to go the extra mile to accommodate my situation. Leifert & Leifert exceeded my expectations and I wholeheartedly recommend this firm.
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