How to Save Your Driver’s License After a Pinellas County DUI

What Happens to Your License After a Pinellas County DUI

After a DUI arrest, Florida law requires the officer to issue a notice of suspension if your breath or blood alcohol level is .08 or higher, or if you refuse to submit to testing. This notice will automatically trigger an administrative suspension through the Florida Department of Highway Safety and Motor Vehicles. In most cases, the suspension begins on the date of your arrest, and the citation you receive acts as a temporary driving permit for 10 days. After that period, if you do not take action within that first ten days, you will definitely have a period of time where you cannot drive at all for any reason – even to work!

This administrative suspension is separate from your criminal DUI case. Even if your criminal charge is later reduced or dismissed, your license can still be suspended through DHSMV if you do not take action before the suspension period ends.

The 10-Day Deadline to Act

You have only 10 days from the date of your arrest to take action with respect to this suspension. If it is your first ever DUI arrest, we may be able to immediately secure a hardship license for you. If it is not your first DUI arrest, we must request a formal review hearing with DHSMV. This deadline is strict. If you miss it or do not take any action before then, you will most likely lose your right to challenge the administrative suspension and will likely need to serve the full suspension period.

This strict deadline is why hiring one of the best DWI attorneys in Clearwater early on in the process is so important. Your attorney can file the necessary paperwork on your behalf, request the hearing, and begin building your defense strategy.

Requesting a DUI Administrative Hearing in Pinellas County

The purpose of the DHSMV hearing is to determine whether the suspension should be upheld. While this is not a criminal trial, it is a valuable opportunity to challenge the state’s case.

At the hearing, your attorney may question whether the traffic stop was lawful, whether there was probable cause for your arrest, and whether breath or blood testing procedures were properly followed. In cases where the defendant refused testing, the state must show that they were properly warned of the consequences of refusing the test. In some cases, a successful challenge can even result in your full driving privileges being restored.

Hardship License Options in Pinellas County

If your suspension is upheld, you may still be able to qualify for a hardship license. This limited license allows you to drive for specific purposes, such as employment, school, or necessary household duties.

There are generally two types of hardship licenses: business-purpose and employment-purpose. Eligibility often depends on whether this is your first DUI and whether you enroll in and complete DUI school. There is also a “sit out” period during which you cannot drive at all for any reason after a Formal Administrative Review hearing. This period is either 30 or 90 days, depending on the facts of your case.

Breath Test vs. Refusal: How It Affects Your License

If you submitted to a breath test and your BAC was .08 or higher, a first-time administrative suspension is typically six months. However, refusing to submit to a lawful breath test can result in far more serious consequences. A first refusal will usually result in a one-year suspension, and prior refusals can lead to enhanced penalties, including longer suspension periods.

Contact the Law Offices of Timothy Sullivan

Just because somebody gets arrested for a DUI does not mean that they’re going to automatically fully lose their license. With the help of the top DWI lawyers in Clearwater, you may be able to challenge the suspension or secure a hardship license that allows you to keep driving.

For a free consultation with the best DWI lawyers in Clearwater, please contact The Law Office of Timothy Sullivan today. 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.