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Hub You - Did You Know Your Drivers License Can Be Suspended Before You Even Go To Court For DUI?
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* 0.08 grams for cases made on or after July 1, 2001 if
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Did You Know Your Driver's License Can be Suspended Before You Even Go To Court For DUI?
An administrative driver's license suspension is an entirely different suspension than the suspension you will receive if you are convicted of DUI in Florida. You must act quickly because an administrative suspension can occur before you even go to court!
THE IMPLIED CONSENT NOTICE AND TESTING METHODS
If you are arrested for Driving Under the Influence of alcohol (DUI), the arresting officer should read the Florida Implied Consent Notice at the time of the arrest and request that you take one or more State administered chemical test.
Breath tests are performed on the Intoxilyzer 5000 ® (some people mistakenly call this a Breathalyzer ®).
In a blood test, a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.
If a urine sample is taken, it is also sent to the crime lab. Usually urine samples are used only for drug testing, not alcohol testing.
THE 10 DAY RULE FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).
* 0.08 grams for cases made on or after July 1, 2001 if
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THE IMPLIED CONSENT NOTICE AND TESTING METHODS
If you are arrested for Driving Under the Influence of alcohol (DUI), the arresting officer should read the Florida Implied Consent Notice at the time of the arrest and request that you take one or more State administered chemical test.
Breath tests are performed on the Intoxilyzer 5000 ® (some people mistakenly call this a Breathalyzer ®).
In a blood test, a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.
If a urine sample is taken, it is also sent to the crime lab. Usually urine samples are used only for drug testing, not alcohol testing.
THE 10 DAY RULE FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).
* 0.08 grams for cases made on or after July 1, 2001 if
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Breath tests are performed on the Intoxilyzer 5000 ® (some people mistakenly call this a Breathalyzer ®).
In a blood test, a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.
If a urine sample is taken, it is also sent to the crime lab. Usually urine samples are used only for drug testing, not alcohol testing.
THE 10 DAY RULE FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).
* 0.08 grams for cases made on or after July 1, 2001 if
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THE 10 DAY RULE FOR REFUSING OR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This hearing is separate and apart from any criminal hearing (plea or trial) and is conducted by the Office of State Administrative Hearings (OSAH).
* 0.08 grams for cases made on or after July 1, 2001 if
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* 0.08 grams for cases made on or after July 1, 2001 if you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle
If you either refuse to take the test or test for a "per se" alcohol level, you have ten business days to request an administrative hearing. Do not count weekends, state holidays, or the day you were arrested. If you do not request the hearing within the ten business days, then the following penalties apply:
PENALTIES FOR REFUSING
If the arresting officer initiates a refusal suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one to five years, depending upon your record.
No limited permit is allowed, even if this is your first ever DUI charge. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a charge that is not a DUI.
PENALTIES FOR HAVING AN UNLAWFUL BLOOD ALCOHOL LEVEL
First Offense
For a first offense within five years, if the officer initiates a "per se" suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one year. However, you may obtain a 30-day work per
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