DUI Defense – What About Your Driver’s License?

DUI Defense – What About Your Driver’s License? 2015-11-28T05:36:44+00:00


A formal review hearing is run by the Department of Motor Vehicles, and is the only opportunity to get your license back. For those people who blew a .08 or higher on the breath machine in Florida, your driver’s license is suspended for a period of 6 months. If your refused to provide a breath, blood or urine test, your driver’s license was suspended for 12 months, and if this is your second time refusing any such test your license is suspended for 18 months. However, you have an opportunity to get your driver’s license back as if it was never suspended. This is done by winning the formal review hearing.
Remember, you only have 10 days from the arrest date to file for your formal review hearing. We will prepare and file the necessary paperwork for you in Florida.

Breath Tests Are Often In Error Or Illegally Obtained

Throughout our professional careers as Florida DUI lawyers, the most often asked question is “Can you beat the breath machine?” The simplest answer is “yes” the breath machine can be beaten. The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence.

  • Did the officer observe you for a period of 20 minutes prior to taking the breath test?
  • Did the officer tell you to “keep blowing” during the breath test?
  • Did the police officer have his/her radio on during the breath test?
  • Was the initial stop by the officer unlawful?
  • Was the arrest by the officer unlawful?
  • Was the machine properly calibrated?
  • Were you absorbing alcohol or eliminating alcohol at the time of the stop?
  • Did you finish drinking just prior to being pulled over?
  • Is your body’s partition ratio above or below 2100:1?

How Strong is Your DUI Case?

During the course of a Florida DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your Florida DUI case. What many people refer to as a “technicality” or “loophole”, is actually a way of using the constitution to protect your rights. The following is a list of questions which can dramatically impact the outcome of your case. If you answer yes to any one of them, you owe it to yourself to call for a free consultation.

  • Did the officer tell you that your license would automatically be suspended if you refused a breath test?
  • Did the officer fail to tell you that you had the right to a lawyer before taking any roadside tests?
  • Did a police officer tell you to keep blowing during the breath test?
  • Were you stopped for any of the following reasons: Speeding, Weaving, Failure to Maintain a Single Lane, Obstruction of Traffic?
  • Do you suffer from any injuries or illnesses which might affect your balance?
  • Were you involved in an accident in which you suffered any injuries?
  • Did the officer mistake nervousness or exhaustion for intoxication?
  • Were roadside sobriety tests conducted on a surface that was not flat, dry and well-lit?
  • Did the officer fail to observe you for 20 minutes immediately prior to the breath test?

What are the DUI Penalties in Florida?

Florida DUI Penalties are Some of the Toughest in the Country:

  • Florida DUI laws provide for immediate suspension of your driver’s license upon arrest, in most cases
  • By filing for a hearing within 10 days of arrest, we may very well be able to reinstate your license , but If You Are Convicted of Florida DUI
  • You will have a permanent criminal record for the rest of your life
  • You face substantial fines and court costs
  • You face impoundment of your vehicle
  • Your license will be revoked
  • You will be placed on probation
  • You will have to complete substance abuse classes
  • You face possible jail even on the first offense
  • A D.U.I. conviction often results in higher insurance premiums for years to come
  • If you are not a U.S. citizen, a D.U.I. conviction can result in deportation
  • If this is a second offense or more you could face mandatory jail
  • If this is a third offense or more you could face a felony conviction and up to 5 years in prison and IF YOU REFUSE A BREATH TEST YOU COULD FACE UP TO A YEAR IN JAIL!
Confessions of a D.U.I. Ticket Lawyer
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The ins the outs and the scam of Red Light Camera Tickets in Florida
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In Florida only specific devices are approved to prove your case: speed radar, vascar, aircraft, pace clock. There are certain rules to apply to each one. We apply the defenses that work.