In Cruisin' For A Bruce-in, we ride along with Florida Attorney Bruce Denson as he gives brief explanations on Florida Law and what to do in common legal situations.
Hi, I'm Bruce Denson, and if you're watching this video, it's because you got my letter and you're wondering what you can do to save your license after a DUI arrest. So, let me break down this first important decision for you.
This ticket you got, this DUI ticket, that acts as your driver's license for 10 days. If you do nothing on the 10th day, you're going to lose your license for either 30 or 90 days, depending on whether you blew or didn't blow. So, we need to decide what to do in order to avoid that suspension.
You have two options: One, you can request a DMV hearing, and two, you can waive the hearing. They both have advantages and disadvantages, so let's talk about each of those.
If you request a DMV hearing, they're going to give you a 42-day permit, and you're going to be allowed to drive for 42 days, business purposes only, and then we're going to have a hearing. It gives us the unique opportunity to get an early look at the police reports and, importantly, to subpoena the police officers and talk to them about your arrest. It's the only real opportunity we have to get their statement under oath, and it's an early look and can set up the defense for the rest of the case.
Now, the downside of requesting a DMV hearing is we often lose these hearings. They're very limited in their scope, so it's likely that on that 42nd day, you're either going to lose your license for 30 days if you blew over the limit or 90 days if you refuse, but it's worth taking that chance in order to get more evidence and present a better defense in your case, and sometimes we do win those cases and those DMV hearings.
Your second option is to waive the hearing. Now, in order to waive that hearing, you're going to have to sign up for DUI school, which isn't such a bad thing to get started on anyway, and then you go to the DMV office, which is the Clearwater office on the back of your ticket, and tell them you want to waive your hearing. That way, you're gonna get a hardship license right away, you're never gonna suffer that 30 or 90-day suspension, and you're gonna keep driving until we can resolve your case in the criminal courts.
So this first decision is very important. I hope this information helps you in making that decision. If you want to talk about it further with me, feel free to give me a call if you're interested in getting some help on the criminal part of your case and having somebody come with you to see if there's anything else we can do to answer any questions you have or help break this down into a manageable process for you don't hesitate to reach out thanks a lot.
Given Florida's unique method of addressing Driving Under the Influence (DUI) and driving privileges, you must act quickly to save your driving privileges. You have just 10 days to request an administrative hearing, formal or informal, with the Department of Motor Vehicles or to waive the hearing and forfeit your right to a review hearing in exchange for receiving an immediate business-purpose-only license, provided you have enrolled in DUI school.
To save your license, it's extremely important to make the right decision following a DUI arrest, as the circumstances of your case will determine which of the above options is best for you. If you've been arrested for a DUI - Contact The Denson Firm immediately for a Free Consultation.
Need to know what to do after an arrest? Our Criminal Defense Process is designed specifically to help our clients in their long-term interests and immediate concerns.
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