F.S. 322.2615 - DUI License Suspension

If you’re arrested for DUI in Fort Lauderdale – or if you refuse to submit to a breathalyzer or blood test upon request by an officer – you will likely have your driver’s license suspended per F.S. 322.2615. 

Per F.S. 316.193, those arrested for DUI in Florida will most likely be taken immediately to jail, booked, arraigned, and given the option to post bail. The officer will confiscate their physical driver’s license and issue a 10-day temporary permit. Within that 10-day window, they have the right to request a hearing to argue against license suspension - or at least a waiver for driving privileges that will allow them to drive to-and-from school, work, medical appointments, church, etc. That hearing must be held within 30 days. After 10 days, their license is suspended – for at least 6 months, but possibly more depending on the circumstances (i.e., prior DUI convictions or refusal to submit to a breathalyzer or blood test). 

It’s important to contact a Fort Lauderdale criminal defense lawyer right away for the best chance to protect your driving privileges. This license suspension hearing is separate from your criminal case, but some of the evidence used may be relevant in both cases. 

Research shows some of the adverse effects of driver’s license suspensions include:

• Increase your car insurance rates.
• Minimize your independence, making everyday tasks tougher. 
• Strain relationships.
• Impact child custody or parenting time arrangements.
• Affect mental health. 
• Adversely impact employment, especially if you commute or have to drive as part of your job.

Florida is one of the toughest places in the country to live if you don’t have a driver’s license. Just getting to the grocery store can be a hassle if you can’t drive. Public transport may be limited in your area. 

Drivers arrested for DUI in Florida have a limited window of time to take action if they hope to retain any driving privileges for the next 6 months or more. Although a license suspension is an administrative matter, a Broward DUI defense lawyer can help minimize the impact this episode will have on their life. 

When you are released from jail following a DUI arrest, you will be given a piece of paper that looks like a traffic citation. It’s called a Notice of Suspension. It states that your license has been administratively suspended by the Florida Department of Highway Safety and Motor Vehicles. For 10 days after it’s issued, it will be your de facto driver’s license. You’re allowed to drive during that 10 days (though we generally advise limiting your driving during this period, if you can, just to minimize the possibility of another issue cropping up and compounding your current case). 

If you do not request a hearing within 10 days to invalidate or contest the suspension - or waive your right to do so in order to request limited driving privileges - your license is suspended and you can’t drive at all for the prescribed period. 

If you hope to successfully secure limited driving privileges using that waiver, you must:

• Apply in person. 
• Provide proof that you enrolled in an approved DUI education course. 
• Be a first-time offender with no history of prior DUI-related convictions or suspensions.

A waiver isn’t necessarily admitting to the DUI (again, the criminal case is separate). But it means you aren’t going to contest the evidence they’re using to suspend your license. 

It may be possible to successfully argue for invalidation of your license suspension if you can contest the evidence used to impose it or methods used to obtain that evidence. 

Examples of arguments a criminal defense lawyer may use to invalidate a Florida DUI driver’s license suspension:

• Subject was not driving and did not have physical control of a vehicle. 
• Officer lacked reasonable suspicion to initiate the stop and/or probable cause to search the car or request a BAC test. 
• Errors in the officer’s evidence may cast doubt on its credibility. 
• DUI packet not submitted prior to the hearing. 
• Arrest affidavit was not sworn to. 
• Officer fails to show for hearing without good cause. 
• Breathalyzer results invalid for law enforcement errors in operation or machine compliance issues. 

Even if you lose on invalidating the suspension, this hearing may be an important opportunity for your attorney to glean critical information (particularly with respect to the officer’s testimony) that can help them better defend you in the criminal DUI case. 

Retaining some or all driving privileges will make a big difference in how you’re able to proceed with your life from here. Our Broward DUI defense lawyers can help - assuming we get that call within 10 days of someone’s DUI arrest. Acting fast is key. 

If you have been arrested for DUI in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.