Florida DUI Suspensions

In Florida, any person arrested for DUI is supposed to be offered a breath test as an incident to arrest. At the point where the person is offered a breath test, either the breath test operator or the arresting officer must read the Implied Consent warnings in order for the Department of Highway Safety and Motor Vehicles to suspend the license of a motorist who refuses to submit to testing. Florida’s Implied Consent law is set forth in Florida Statute 316.1932.

 

THE IMPLIED CONSENT WARNINGS:

“If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one (1) year for a first refusal, or eighteen (l8) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine or blood. Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding.”

SUSPENSIONS FOR BLOWING .08 OR ABOVE in PALM BEACH COUNTY:

A motorist who has been arrested for DUI and elects to submit to breath or blood testing and is found to have a blood-alcohol level or breath-alcohol level of 0.08 or higher will have his or her driving privilege suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously suspended.

SUSPENSIONS FOR REFUSING TESTING IN PALM BEACH COUNTY:

The driver’s license of a motorist who refuses to submit to testing will be suspended as of the arrest date for one year for the first offense and 18 months for any subsequent offenses. On the date of arrest, the motorist will be given a 10-day permit and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times.

WAIVER OF RIGHT TO REVIEW IN PALM BEACH COUNTY COURT:

Any person whose license was suspended for refusing to submit to a breath test, or whose license was suspended for submitting to a test with a breath alcohol content of .08 or above, and has no prior DUI convictions or prior DUI related license suspensions, may waive the right to a hearing to review the suspension and then be considered eligible for a “business purposes only license in effect for the duration of the suspension. In addition to waiving the right to review the propriety of the suspension, the person seeking the restricted license must enroll in or complete the DUI program substance abuse education course and evaluation (also known as “DUI School”).

“A driving privilege restricted to business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.”

CHALLENGING THE FLORIDA DUI SUSPENSION IN PALM BEACH COUNTY:

In the event of a refusal to submit to testing, or if having submitted to a test, having a blood-alcohol or breath-alcohol level of .08 or above, the motorist has 10 DAYS from the date on the citation to request an Administrative Review Hearing (Formal or Informal) for the express purpose of contesting the license suspension. In order to initiate a formal or informal review, the request must be made in writing, and should be made on HSMV Form 78065.

A person seeking to challenge license a suspension may either request a Formal or an Informal Review Hearing. In Formal and Informal Review Hearings, the Hearing Officer is charged with determining by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues:

If the license was suspended for refusal to submit to a breath, blood, or urine test:

1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
2. Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.
3. Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.

If the license was suspended for driving with an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher:

1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
2. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in Florida Statute § 316.193.

INFORMAL REVIEW HEARINGS:

If the person whose license was suspended requests an informal review, a hearing officer employed by the Department of Highway Safety and Motor Vehicles shall conduct the informal review. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person whose license was suspended, and the presence of an officer or witness is not required.

FORMAL REVIEW HEARINGS:

If the person whose license was suspended requests a formal review, the Department of Highway Safety and Motor Vehicles must schedule a hearing to be held within 30 days after such request is received and must notify the person or his or her attorney of the date, time, and place of the hearing. Formal Review Hearings are be held before a hearing officer employed by the Department of Highway Safety and Motor Vehicles, who is authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses, regulate the course and conduct of the hearing, question witnesses, and make a ruling on the suspension.

How do I reinstate my license after a suspension for refusal to submit to a breath/urine test in Palm Beach County Florida?

After the person whose license has been suspended has served 90 days of the suspension, the person is then eligible to apply for a hardship license on the first suspension. The person seeking a hardship license MUST provide proof of enrollment in a DUI School to the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”) for consideration for a hardship license. At the time of reinstatement, whether for a hardship license or a full license, the person seeking a hardship license or reinstatement MUST take the required examination, and pay an Administrative fee and suspension reinstatement fee and any license fee required. The person seeking a hardship license or reinstatement MUST show proof of the appropriate required coverage of bodily injury liability insurance if convicted of the DUI charge.

How do I reinstate my license after a suspension for having a Blood-Alcohol Level or Breath-Alcohol Level of .08 or Above in Palm Beach County Flordia?

After the person whose license has been suspended has actually served 30 days of the suspension, the person becomes eligible to apply for a hardship license. The person whose license has been suspended will be eligible for a hardship license on the first and any consecutive suspension, unless the person has been convicted of DUI two or more times. Anyone seeking a hardship license MUST provide proof of enrollment in a DUI School to the Administrative Reviews Office (see listing “Under Suspension – Need Driver License for Work”). Anyone seeking reinstatement after the license revocation period ends, MUST provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of the person’s driver license until the course is completed. At the time of reinstatement, whether for a hardship license or a full license, the person seeking the license MUST take the required examination, and pay anAdministrative fee and suspension reinstatement fee and any license fee required. The person seeking a hardship license or reinstatement MUST show proof of the appropriate required coverage of bodily injury liability insurance if convicted of the DUI charge.