Contact
a DUI Lawyer in Tampa, Florida about Drivers License Suspensions
& the Hardship License
If you are charged with DUI in the Tampa
Bay area, one of the first DUI penalties involved is the
suspension of your drivers license. By immediately contacting
Andrew Spicola, a DUI lawyer in Tampa, we can get to work
on the options available for your license, including the
possibility of reinstating your license, getting a hardship
license, or preventing a license suspension.
As your DUI
lawyer in Tampa, Mr. Spicola will discuss the details
of DUI license suspensions with you, including the fact
that there are two separate instances when your license
can be suspended for the same DUI.
The two different ways your drivers license can be suspended
for the same DUI charge are:
(1) The Administrative Suspension
(2) The Criminal Suspension
In many cases, you will be able to apply
for a hardship license during the Administrative Suspension
and the Criminal Suspension. For certain DUI charges, however,
such as multiple refusals to take a breath test or more
than three DUI convictions, no hardship license is permitted
at all.
The following is an outline of how the Administrative
Suspension of a license typically works:
(a)
Refusing the breath test: By refusing to take a breath
alcohol test, your drivers license will be placed under
Administrative Suspension by the arresting officer. The
arresting officer will give you a DUI citation that will
serve as a 10-day permit to drive. For your first refusal
to take a breath test, your license will be under Administrative
Suspension for one year and you will not be eligible for
a hardship license until you serve 90 days of the suspension.
For your second and consecutive refusals to take a breath
test, your license will be on Administrative Suspension
for 18 months and you will not be eligible for a hardship
license at all during that time.
>(b)
Alcohol breath test results of .08 or higher: At the moment
of your DUI arrest for an illegal breath alcohol limit,
the arresting police officer will place your drivers license
on Administrative Suspension and will give you a DUI citation
which serves as a 10-day permit to drive. For your first
DUI arrest, the Administrative Suspension is 6 months;
for your second and subsequent DUI arrests, the Administrative
Suspension is one year. After your 10-day permit to drive
expires, you must serve 30 days of your Administrative
Suspension before you are eligible to apply for a hardship
license.
(c)
The 10 Day Rule & Your DUI
Defense: During the 10-day period in which you are
able to drive with your DUI citation, you can request
a formal review hearing. At the hearing, you will have
a chance to argue that the Administrative Suspension should
be dropped and your license should be reinstated. An experienced
Tampa DUI lawyer can be very helpful in getting your license
back at the formal review hearing. However, the formal
review hearing will have no effect on whether or not your
drivers license will be suspended if you are convicted
of DUI later in criminal court.
The second type of DUI license suspension,
the Criminal Suspension, occurs if you are convicted of
DUI. You should consult with a DUI lawyer about your case
as soon as possible so that you have the best chance of
fighting a DUI charge. Andrew Spicola is a DUI lawyer in
Tampa, Florida who has years of experience as a former prosecutor
and private attorney in the greater Tampa Bay area. By working
with this aggressive, experienced DUI lawyer, you’ll
be better equipped to avoid a DUI conviction that could
lead to the following Criminal Suspensions of your drivers
license.
| Charge |
License
Suspension |
Hardship
License |
| First
DUI Conviction |
180
days-1 year |
During
this time you may apply for a hardship license after
DUI school and treatment, if required by the court |
| Second
DUI Conviction |
180
days-1 year |
No
hardship license; you must serve the full suspension
period |
| Second
DUI Conviction within 5 years |
5
years |
You
may be eligible for a hardship license in 1 year |
| Third
DUI Conviction in more than 10 years |
180
days-1 year |
No
hardship license; you must serve the full suspension
period |
| Third
DUI Conviction with two convictions within 5 years |
5
years |
No
hardship license; you must serve the full suspension
period |
| Third
DUI Conviction within 10 years |
10
years |
You
may be eligible for a hardship license in 2 years |
| Fourth
DUI Conviction |
Mandatory
permanent drivers license revocation |
No
hardship license available |
| DUI
Manslaughter, single conviction |
Mandatory
permanent drivers license revocation |
You
may be eligible for a hardship license in 5 years |
The above DUI penalties are regularly reviewed
and sometimes changed by the Florida Legislature, so we
recommend that you speak with a DUI lawyer about the latest
Florida DUI penalties
that apply to your case.
Andrew Spicola is a DUI lawyer in Tampa,
Florida providing free consultations. Please contact us
for more information. From our Tampa headquarters on Kennedy
Boulevard, we serve clients throughout the greater Tampa
Bay area including the counties, cities, and towns of Hillsborough,
Pasco, Pinellas, Dunedin, Oldsmar, Clearwater, St. Petersburg,
Safety Harbor, Odessa, Pinellas Park, New Port Richey, Largo,
Palm Harbor, Lutz, and beyond.
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