Administrative Hearing to Contest a DUI Suspension within 10 Days

Whether you failed the breath or blood test or refused to take a chemical test after getting arrested for a DUI in Florida, your driver’s license will be automatically suspended by the state's Department of Highway Safety & Motor Vehicles (DHSMV). This type of license suspension is separate from the suspension issued by the criminal court after conviction. 

Without your driver’s license, you may experience difficulty finding another way to drive to work, school, or important appointments. Fortunately, you have the right to contest the DHSMV suspension. 

First, you must request an “administrative review hearing” within 10 days after the date of your DUI arrest. The purpose of this hearing is to give you the opportunity to present a case as to why you should keep your driving privileges. 

As soon as you request a hearing, you will be issued a temporary driver’s license – known as the Business Purposes License (BPO) – that will remain in effect while your DHSMV suspension case is pending. A BPO license allows drivers to commute to and from work, DUI-related classes, and other important appointments like medical checkups and even religious purposes. The license can last up to 42 days or until the hearing occurs. 

During your hearing, the hearing officer will review all the evidence related to your case, including the police report, the chemical test results, the results of any field sobriety tests, and even the testimony of the arresting officer. If you are able to prove that the police failed to establish reasonable suspicion or probable cause, properly administer a post-arrest chemical test, or otherwise violate your constitutional rights, your driver’s license will be reinstated. 

However, a new law in Florida allows first-time offenders who did not refuse a post-arrest chemical test to obtain a BPO license without requesting a DHSMV hearing. But if you do request a BPO license, you will waive your right to a DMSHV hearing to contest the suspension, which will remain on your driver’s record – even if you are ultimately not convicted of a DUI in criminal court. 

If you or a loved one has been arrested for a DUI in Fort Lauderdale, contact the Law Offices of Jaime A. Aird today at (954) 866-7719 for a free case review. Get a former prosecutor with ample trial experience on your side!