Administrative License Suspension

  • What is an Administrative License Suspension in the context of DUI?
    • This occurs in several situations but for purposes of this section, we discuss DUI driver’s license suspensions.
    • This can occur when you refuse a breath, blood, or urine test for a DUI
    • Can also occur when you take the test and you blow over .08
    • Your license will be suspended in either of those examples.
  • What can you do about an Administrative License Suspension?
    • You can appeal the Administrative License Suspension!
    • You Appeal by asking for a formal administrative hearing.
    • You must go to the DMV and request a formal review within 10 days.
    • The administrative hearing will be then set within 30 days.

Administrative License Suspension Florida

  • What do they look at?
    • Administrative License Suspension Hearings are analyzed through the scope of Florida Statute 322.2615.
    • The hearings are quite limited in scope.
    • With regard to a refusal the hearing officer will look to see whether there was (1) Probable cause for the test; (2) a request to take the test; (3) a warning that if the test is not taken the DL will be suspended, and then the actual refusal of the test by the Defendant.
    • With regard to blowing over .08, the hearing simply looks at the test results and whether you failed.
    • Obviously, the arguments can be more advanced, but that’s where hiring a qualified lawyer comes in.
  • What can you do if hearing on Administrative License Suspension doesn’t work?
    • You can ask for a hardship license.
    • If you refused the test you must wait 90 days before you can ask for a hardship license.
    • If you blew over a .08 you must wait 30 days before you can ask for a hardship license.
    • The hardship license request is another hearing in front of an administrative hearing officer.
    • In order to qualify you must have already started the DUI classes and school when you apply for the hardship.

If you or your loved one are in need of information on Administrative License Suspension, call us at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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