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Will my license be suspended if I am arrested for a DUI?

Posted by Larry Avallone | Apr 03, 2020 | 0 Comments

Will my license be suspended if I am arrested for a DUI in Volusia County Florida? 

If it is, how do I get it back? Generally, the first question a DUI client asks me is how I can get my license reinstated. One key point that most people do not know is you can still legally drive for 10 days after a DUI arrest. The DUI citation becomes your temporary license. Look at the fine print on the DUI citation, it explains the 10-day rule. Note it is 10 calendar days from the arrest date, not 10 weekdays. 

It is important to thoroughly understand the procedures for suspending, revoking, and reinstating a driver's license after a DUI charge or conviction. Losing your Florida Driver's License can have a tremendous impact on your ability to work and care for your family, so it's important to retain an experienced Florida DUI attorney that can help you get your license back as soon as possible.

Driver's License Suspension Guidelines

If you're stopped and found to have an illegal blood alcohol level, your license can be suspended. With multiple convictions over short periods of time, your license can be suspended or revoked for five to ten years or even permanently. Therefore, it's crucial to begin working with an experienced Florida DUI defense attorney as soon as possible to begin the process of restoring your driver's license.

Hardship License Reinstatement

If you can show that the loss of your license is a hardship because there is no other practical way to get to your place of business, you may be eligible for a restricted license. A restricted driver's license allows you to drive to work and for work-related reasons. It's usually possible to obtain a hardship license sooner than a complete reinstatement of your privilege to drive. See my page here that explains the entire procedure for obtaining a hardship license after you are arrested for DUI. You have two options:
Waiver of formal review
Formal review

These options are explained in detail on this page of my website. Click here to read more about this

Reinstating Your License after conviction

Florida is serious about keeping drunk drivers off the road, so there are hurdles that must be achieved before getting your license back after a charge or of DUI. Every case is different, but these are the documents that you usually need to get your full license back after a Florida DUI conviction:

Proof of liability insurance;
Proof of completion of a DUI program;
Proof of completion of community service hours;
Proof that you attended all court dates;
Proof of payment of all fees and fines;
Proof of service of probation time and associated fees. 

The most important part of the formula to predict if you will get your license reinstated is how your DUI case is resolved. If you are convicted of DUI, the judge must suspend your license for at least 6 months. If, however your case is reduced to a reckless driving, or some other offense, then no mandatory driver's license is required and your path to reinstatement is much clearer. This is why it is so important to hire an attorney who is specializes in criminal defense because he or she is best equipped to fight the case for you. 

Ignition Interlock Device

In some cases, a Florida court will require people charged or convicted for DUI to install an Ignition Interlock Device in their vehicle. An ignition interlock device is a breathalyzer unit that won't allow your car to start if your Breath Alcohol Concentration (BAC) is above a certain level. It works by being connected directly to your car's ignition system with an attached handheld mouthpiece. Having the ignition interlock device is a major expense and inconvenience, and it should be avoided at all costs.

Forms, Fees, and Timetables

There are forms to be filled out and fees that need to be paid to start the process of reinstating your Florida driver's license after a DUI. The fee schedules and forms can all be found on the Florida Highway Safety and Motor Vehicles (FLHSMV) website or from a local Florida Department of Motor Vehicles website or office. The fees include an administrative fee, a revocation or suspension reinstatement fee, and a license fee. The license fee amount will vary depending on your driving class. 

An experienced Florida DUI attorney can work with you to ensure that you get your license back as soon as possible. Contact us today for a free and confidential case evaluation.

About the Author

Larry Avallone

Larry Avallone is a Volusia County Florida based Board Certified Criminal Trial Attorney. He has been a Deputy Sheriff and a State Prosecutor and he exclusively practices criminal defense law.

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