As of the law effective July 1,1995, the Department of Highway Safety and Motor Vehicles now imposes a "hard suspension periods" on all DUI offenders who have been arrested with a blood alcohol content (BAC) of .08% or above or who refuse to submit to a chemical test of their breath after arrest. The effect of the law is that all DUI offenders will now lose their privilege to operate a motor vehicle in Florida for 30 to 90 days without being eligible to receive a hardship or business purpose license.
When a driver is arrested for DUI, the arresting officer suspends that person's license on behalf of the Department of Highway Safety and Motor Vehicles and issues the driver a 10-day temporary license to allow for a statutory hearing before the DHSMV. If the suspension is sustained by DHSMV and is for a BAC .08% or above, the suspension will be for a period of six (6) months and driver, if otherwise eligible, is eligible to apply for a business or employment purposes only license after thirty (30) days after the expiration of the last temporary permit issued, or if none was issued, until thirty (30) days from the date of the suspension. If the suspension is based on the driver's refusal to submit to a requested breath, urine, or blood test, the driver is not eligible for a business or employment license until ninety (90) days have elapsed from the date of suspension.
The driver who is suspended will, during the period of time between the suspension and the date that the driver becomes eligible for a business or employment only license, have no privilege to drive in the State of Florida.
The driver is entitled to an administrative hearing to determine the validity of the suspension issued by the arresting police officer. A formal hearing must be requested within ten (10) days of the date of arrest otherwise the driver will receive only an informal hearing that involves only a review of paperwork by a DHSMV hearing officer. Because of this statutory scheme it is critical that you or your Attorney request a formal hearing to review the suspension. Because these hearings are evidentiary in nature, you should contact an attorney for information on how all your rights under this law can be protected.
Remember, if you do nothing, the "hard suspension" will start thirty (30) days after your arrest
