How To Prevent Or Delay The Automatic Driver’s License Suspension Enforced Under Florida DUI Law

Published: 02nd June 2011
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A DUI charge in Florida is a serious offense. If you have been accused of a DUI in Florida you should contact a qualified Tampa DUI lawyer right away. Florida DUI law imposes strict penalties on drivers convicted of driving with a blood alcohol level above the legal limit. The penalties are not limited to just financial fines and prison sentences. For instance, if a driver is accused of being in control of a vehicle with a blood alcohol level in excess of .08 or refuses to submit to a breathalyzer test the driver’s license may be automatically suspended. The automatic suspension will be enforced by the Florida Department of Motor Vehicles and will be unrelated to any potential criminal charges. Furthermore, the suspension may occur even before the driver is found guilty of a DUI in a court of law. However, a seasoned Tampa DUI attorney may be able to prevent or delay the automatic license suspension.

The Florida Department of Motor Vehicles will use their power to issue an administrative suspension of the driver’s license immediately after a DUI arrest. The suspension will take effect 10 days after the arrest and may stay in effect for up to one year. However, if a Tampa DUI lawyer requests a formal review hearing within 10 days of the arrest the Florida Department of Motor Vehicles will grant a stay for up to 42 days. The stay will keep the driver’s license in effect and delay the suspension for the lesser of either 42 days or until the completion of the formal review. A formal review hearing will typically not occur until at least 4 weeks after the request is made. Therefore, the driver should be able to continue driving for at least another 4 weeks. However, the request for the formal review must be made by the Tampa DUI attorney within 10 days of the arrest or else he will lose the right to appeal the suspension. Thus, it is crucial that the driver contact a Tampa DUI attorney immediately after the arrest to ensure the formal review request is timely filed.


Being arrested for a DUI can be a very frightening and difficult experience. However, the Tampa DUI lawyers at Florida Law Group can help. We can request a formal review with the Florida Department of Motor Vehicles and keep your driver’s license in effect while we develop a legal strategy to defend against the DUI allegations. Call us now to schedule a free consultation with one of our seasoned Tampa DUI attorneys.


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