DHSMV Review Hearings
If you've been arrested for a DUI in Volusia County you will not only be prosecuted in criminal court, but the Department of Highway Safety and Motor Vehicles (DHSMV) will attempt to suspend your unrestricted driving privilege through the administrative hearing process. The administrative hearing is a complicated process. Time is of the essence if you are to preserve your rights and save your driving privilege. You must elect an option within 10 days of your DUI arrest. Requirements within this administrative process are very strict, there are deadlines and paperwork to be filed in a specific manner to conform to the DHSMV requirements.
Upon arrest you will be asked to submit to a breath, test. Should you give a breath test above a .08 or refuse any of the listed tests, you will be issued a criminal driving under the influence citation. You will then be given notice that your driving privilege has been suspended. Within 10 days of issuance of your citation you have the right to challenge this suspension. If you do not demand this hearing within the 10-day period, you waive the right to make the challenge, and cannot go back and change it. Do not delay, contact Avallone Law P.A. today to ensure that your driving privilege is protected.
Avallone Law, PA will file your demand for a formal review hearing within the required 10-day period and in most cases will obtain a business purpose driving permit for you. The DHSMV is required per Florida Statute 322.2615(9) to hold your formal review hearing within 30 days after they receive our demand for hearing. If they fail to do this, they must reinstate your unrestricted driving privilege.
If we are successful in overturning your suspension, your driving privilege will be reinstated immediately. If we aren't successful in overturning your suspension, the 42-day driving permit will expire and you will enter a period of time where you cannot drive for 30 days if your blood alcohol was above a .08, and 90 days if you refused the requested test. It is during this time period that it is advisable to sign up for and complete the appropriate level DUI school.
Though DHSMV suspensions are independent of the criminal court system, they carry a harsh penalty. Avallone Law, PA is well versed in DHSMV hearing law, we can help you navigate the system to obtain the best possible outcome for your situation.
Call Larry Avallone today with questions or for a free consultation. (386) 682-9235