DUI Administrative Hearings - Hardship Driving Privileges

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for alleged DUI Crimes in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

You only have 10 days from the date of the DUI arrest to request an administrative hearing with the department of motor vehicles.

At this point you may request to be granted hardship driving privileges while you are involved in the legal process of defending yourself against DUI charges.

Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.

• First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.
  
  
• Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
  
  
• Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
  
  
• Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
  
  

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:

1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
   
   
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
   
   
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
   
   
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
   
   
5. Ignition interlock device required for two years.
   
   

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

Hardship License Prohibited:

1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
   
   
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
   
   

At Cohen Law, P.A., we understand the uncertainty you may experience when charged with a DUI crime, the severity of penalties if convicted, and the impact a conviction may have on your life. We defend those charged with a DUI crime while aggressively protecting your legal rights.

Over the years we have successfully provided professional DUI defense legal services for countless Lakeland, Florida and Polk County area residents. Do not leave your future and reputation to chance. Make sure your legal rights are protected and you voice is heard.

Protect your rights by seeking the legal advice and representation of an experienced DUI Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your DUI Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.

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How to request a DUI administrative hearing in Florida?

If you have been arrested for driving under the influence (DUI) in Florida, you have the right to request an administrative hearing to challenge the suspension of your driver's license. You must file this request within 10 days of your arrest, or you will lose your chance to contest the suspension. To request a hearing, you need to submit a written application to the Bureau of Administrative Reviews (BAR) office in the county where you were arrested. You should also hire a qualified DUI attorney to represent you at the hearing and help you prepare your defense.

What happens if I lose my DUI administrative hearing in Florida?

If you lose your DUI administrative hearing in Florida, you will face several consequences. First, your driver's license will be suspended for a period of time depending on the severity of your offense and your prior record. Second, you may have to pay a fine, attend a DUI school, or install an ignition interlock device on your vehicle.

Third, you still must worry about the DUI criminal charges you are facing.

Losing your DUI administrative hearing can have serious impacts on your life, so it is important to consult a qualified attorney who can help you with your case.

How long does a DUI administrative hearing take in Florida?

A DUI administrative hearing is a process that allows a person who has been arrested for driving under the influence (DUI) in Florida to challenge the suspension or revocation of their driver's license. The hearing must be requested within 10 days of the arrest, or the person will lose their right to contest the suspension or revocation. The hearing is conducted by the Bureau of Administrative Reviews (BAR), which is part of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The hearing may be waived if the person is a first-time DUI offender and wants to apply for a hardship license, which allows them to drive for certain purposes, such as work or school. However, waiving the hearing may also limit the person's ability to defend themselves in court against the DUI charge. The hearing may take several weeks or months to be scheduled, depending on the availability of the BAR officer and the witnesses. The hearing is usually informal and brief, lasting about 15 to 30 minutes. The person may present evidence and testimony to show that the suspension or revocation was not justified or that they have a valid reason to obtain a restricted license. The BAR officer will then issue a written decision, which may uphold, modify, or invalidate the suspension or revocation.

Can I drive while waiting for my DUI administrative hearing in Florida?

It depends on whether you have a valid driver's license and whether you requested a hearing within 10 days of your arrest. If you did not request a hearing, your license will be automatically suspended for 6 to 18 months, depending on your prior record and the level of alcohol or drugs in your system. If you requested a hearing, you may be eligible for a temporary driving permit that allows you to drive for essential purposes until the hearing date. However, this permit is not guaranteed and you must meet certain requirements to obtain it. You should consult with an experienced DUI attorney to help you navigate the complex administrative process and protect your driving privileges.

What are the possible outcomes of a DUI administrative hearing in Florida?

A DUI administrative hearing in Florida is a process that allows a person who has been arrested for DUI to challenge the suspension or revocation of their driver's license. The hearing must be requested within 10 days of the arrest, and it can be either formal or informal. A formal hearing involves testimony and evidence from both sides, while an informal hearing is based on the documents submitted by the arresting officer. The hearing officer will decide whether to uphold, modify, or invalidate the suspension or revocation based on the facts and the law. If the person is eligible, they can also request a hardship license review, which may grant them a restricted license for certain purposes, such as work or school. However, they must enroll in or complete a DUI substance abuse education course and evaluation period as required by law

How do I prepare for a DUI administrative hearing in Florida?

If you have been arrested for driving under the influence (DUI) in Florida, you will face both a criminal case and an administrative hearing with the Department of Highway Safety and Motor Vehicles (DHSMV). The administrative hearing is separate from the criminal case and deals with the suspension of your driver's license. You have 10 days from the date of your arrest to request a hearing with the DHSMV to challenge the suspension. If you fail to do so, your license will be automatically suspended for 6 to 18 months, depending on your prior record and the circumstances of your arrest. To prepare for the hearing, you should consult with an experienced DUI attorney who can help you gather evidence, subpoena witnesses, and present your arguments to the hearing officer.

What are the benefits of hiring a lawyer for a DUI administrative hearing in Florida?

Hiring a lawyer for your DUI Administrative Hearing can have several benefits, such as:

• A lawyer can help you request a formal review hearing within the 10-day deadline and preserve your right to challenge the suspension.
• A lawyer can represent you at the hearing and present evidence and arguments in your favor, such as challenging the validity of the breathalyzer test or the probable cause for the arrest.
• A lawyer can negotiate with the hearing officer and seek a favorable outcome, such as a reduced suspension period or a hardship license that allows you to drive for certain purposes.
• A lawyer can advise you on the possible consequences of the hearing and how it may affect your criminal case, such as whether you should accept a plea deal or go to trial.
• A lawyer can protect your rights and interests throughout the process and ensure that you are treated fairly and lawfully by the authorities.

Hiring a lawyer for a DUI administrative hearing in Florida can be a wise decision that can save you time, money and stress in the long run.

Can I appeal a DUI administrative hearing decision in Florida?

In Florida, you have the right to appeal a DUI administrative hearing decision if you are dissatisfied with the outcome. To do so, you must file a petition for a formal review within 30 days of receiving notice of the administrative suspension of your driver's license. A formal review involves a hearing before the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and can be an opportunity to challenge the suspension. If the outcome of the formal review is unfavorable, you may further appeal the decision to the circuit court within the jurisdiction where the arrest occurred. Engaging an experienced DUI defense attorney is essential in navigating this process effectively and improving your chances of a successful appeal.

Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636 • Fax: 863.648.0983

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