DUI License Suspension in Melbourne

For many Florida residents, losing a driver’s license has an especially severe impact on their lives. Without a driver’s license, it is difficult for many people to get to work. If you drive for a living and lose your CDL, you could lose your income.

The Whited Law Firm is a full-service DUI law firm. When we take your case, we handle all aspects of it, including your defense in criminal proceedings, as well as administrative hearings to protect your driver’s license.

Administrative driver’s license suspensions come two ways:

Refusing to take a breath test: Suspensions for refusal are 12 months for a first refusal and 18 months for a second or subsequent refusal.

Having an unlawful breath/blood alcohol level (UBAL): License suspensions for having an unlawful blood alcohol level is six months the first time and 12 months for the second or subsequent time.

Uniform traffic citation is a 10-day permit as long as the person has a valid driver’s license. If the driver’s license is already suspended for any reason in this or any other state, the hard suspension begins on the day of the arrest.

Hardship availability is subject to the rules below.

Hardship Driving

Availability If a formal review is requested on suspension of your driver’s license, the DMV will allow driving on a limited basis until it has made a decision to either allow the suspension to stand as lawful or set aside the suspension. The DMV will forward the temporary permit to you through your lawyer. It is critical to act quickly to request a review.

If the driver does not request a formal review within the 10 days after his or her arrest, the hard suspension begins on the 11th day after the arrest. If, after the formal review hearing, the DMV determines that the police have not provided enough information to support the suspension, it will forward your driver’s license back to you through your lawyer. The suspension is then taken off of your driving record. Hardship driving is not necessary at this point since the suspension has been removed from the record.

If the DMV determines that the police have provided enough information to support the suspension, a period of hard suspension will begin, effective the date of the order. This is usually the date the temporary permit expires (the one forwarded to the driver after the formal review was requested).

In the case of a UBAL suspension (regardless of whether first or not), the hard suspension is 30 days. That means that no driving is allowed. Hardship availability begins on the first day after the hard suspension ends, assuming the driver is otherwise eligible.

In the case of a first refusal suspension, the hard suspension lasts for 90 days. Hardship availability begins on the first day after the hard suspension ends, assuming the driver is otherwise eligible.

In the case of a second or subsequent refusal suspension, the hard suspension is for the entire 18 months. There is no hardship driving at all for the entire suspension period.

A driver is not eligible for a hardship license if he or she has two prior DUIs, two prior refusal suspensions, or his or her driver's license is suspended for any reason in this or any other state. The driver must not drink or drive during the hard suspension and must show the DMV he or she is worthy of being granted the privilege of having the driver’s license back on a limited basis.