Experienced Daytona Beach DUI Attorneys – (386) 693-1637
When you are arrested and charged with a DUI, or you are pulled over and refuse to take tests to measure the alcohol content of your blood or breath, your driver’s license is automatically suspended. If you don’t act quickly, you may lose your driving privileges for years. There are two separate proceedings after your arrest that you will need to need to defend your license in. Without the help of an experienced DUI lawyer, you may lose your driver’s license and face the penalties of your criminal charges.
Don’t wait! Contact Hager & Schwartz, P.A. at (386) 693-1637 to begin your defense.
Our Daytona Beach DUI attorneys have the courtroom-proven record of success that you deserve for your defense. At Hager & Schwartz, P.A., we are committed to helping drivers protect their driver’s license from suspension, and we can help you defend yourself from your DUI criminal charges as well. We can help you keep your license.
Arrest and License Suspension
At the time of your arrest, the law enforcement officer will inform you of several things, including:
- That your license is suspended for a temporary amount of time. For a test refusal, this period is 1 year for the first refusal and 18 months for the second refusal.
- That your license suspension begins on the date of your arrest.
- That you may request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV)
Defending Your License from Suspension
After your arrest, you will need to defend your license from suspension and yourself from criminal charges. There are two separate hearings you’ll need to attend: the DMV administrative hearing and the DUI court criminal hearing. Your DUI attorney can help you through these hearings and can represent you at both.
The DHSMV Administrative Hearing
This hearing must be requested, and it must be requested quickly. You will have 10 days to file a request for this hearing, after which you will be unable to fight your license suspension. If you fail to submit your request, your license will be suspended on the 11th day after your arrest. Once the request has been received, the DHSMV has 30 days to schedule a date for the hearing. You will be notified of the time and date that your hearing will take place.
At the hearing, a department employee with play the role of the judge and the prosecutor. The employee will determine if the arresting officer had probable cause for the stop, if you were placed under lawful arrest, if you were appropriately informed of the consequences of refusing to submit to a chemical or breath test, and if you refused to submit to the test. If you are found to have refused the test, your license will be suspended, regardless of if you were found to have been legally intoxicated or not. Your DUI lawyer can represent you in the administrative hearing, and help your protect your license.
The DUI Court Criminal Hearing
You will also need to defend yourself in criminal court. Here, your DUI attorney will build a strategic defense to help reduce or even defeat your charges. If they are successful, you may not have to give up your driving privileges. This hearing also will determine if you are going to be sentenced with other penalties, such as jail time or fines.
If you require a driver’s license to drive yourself to and from work, school, or other pre-determined locations, you can request a temporary license, known as a hardship license. This permit allows you to drive to school, work, religious services or events, supermarket shopping, and for livelihood reasons. The license is good for 42 days, but may only be used to transport yourself to and from the above locations. It is not time restricted, and you may drive at any time, so long as you are driving for the listed reasons. If you drive for other reasons, you may be sentenced to 30 days in county jail.
Get Skilled Defense from Daytona Beach DUI Lawyers – (386) 693-1637
Let our team at Hager & Schwartz, P.A. handle the paperwork for you. We are a team of experienced, knowledgeable Daytona Beach DUI attorneys who are dedicated to defending your rights and protecting your freedom. We can help you keep your license, and we will work tirelessly to help you defeat your criminal charges as well. The clock is ticking for your driving privileges, so it is important to get in touch with our offices as soon as possible. We are available days, nights, and weekends to ensure that you can get the high-quality legal representation you need.