The first stage in a DUI case is protecting your privileges to drive. After the arrest, the officer will take your driver's license and issue you a notice of suspension if:
- you refused to take the requested breath, blood or urine test.
- you blew over the legal limit of .08
Your DUI citation operates as the notice of suspension. The officer will send the notice to the Florida Department of Highway Safety and Motor Vehicle (DMV). The citation itself operates as a 10-day permit so you can continue to drive during the first ten (10) days after your arrest.
During that ten (10) day period after the arrest, you must decide between the following options:
- retain an Attorney to demand a formal review hearing and obtain your 42-day permit so you can continue to drive without interruption;
- waive your right to contest the suspension and request immediate reinstatement (requires that you first enroll in DUI school and personally appear at the Bureau of Administrative Review Office with the proof of enrollment); or
- do nothing and suffer the 30 or 90-day hard suspension during which time you can not drive for any reason (after that you can request a "business purpose only" license for the rest of the suspension period).
Contact me to find out why I normally recommend demanding the formal review hearing within that ten (10) day period. Because you must decide how to protect your driving privileges and take action quickly, it is essential to retain a criminal defense Attorney during the ten (10) day period after your arrest.