DUI

When you receive a DUI, you have ten days to get a few things done. The first ten days are crucial and can make a big difference in how your case goes. The first thing you should do is hire a lawyer who can help you early in your case.

The first ten days after a DUI arrest

Being arrested for a DUI comes with a suspended license. If you had a valid driver’s license at the time of your arrest, you can still drive for 10 days. During those 10 days, you need to request a DUI hearing, in writing, so you can contest the administrative license suspension. If you fail to challenge the suspension within those first 10 days, the driver’s license suspension will be upheld.

Within 30 days of receiving your written request, the Florida DHSMV will schedule the requested hearing. This is not a criminal proceeding, it will only determine the status of your license suspension. During the hearing, they will determine if the arresting officer had probable cause to stop you, if the officer advised you your license would be suspended in 10 days, if you refused a field sobriety or a breathalyzer test or if you failed an intoxication test, and they will review the results of your blood and/or breathalyzer test, if taken. After reviewing the evidence, they will allow the suspension or they may overturn it. The most important part of this hearing though is the ability to question to officer for help in future motion hearings in your case!

Challenge the Stop

Did the officer have a reasonable suspicion that you we’re committing a traffic infraction?
Did the officer have probable cause that you we’re committing a crime?

Challenge the Field Sobriety Tests

Does the officer know your true balance and coordination?
Do you have any physical impairments or disabilities that may impact your balance?
Was the officer qualified to perform the Field Sobriety Test?

Challenge the Breathalyzer

Did the officer observe you for 20 minutes before the test?
Were you requested to ‘keep blowing’ during the test?
Was the machine calibrated properly?

Challenge the Refusal

Under Florida Law, refusing to take a breathalyzer test is considered a failed test.

Was there a language barrier?
Did the officer simply lose patience with you due to you asking questions?
Do you have some mental or medical health issues that prevented you from being able to cooperate?

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