Does the DMV license suspension, which starts on arrest date, run concurrent with the criminal case license suspension?

Asked about 4 years ago - Fort Myers, FL

Or does it start from the final court date date? If the DMV 6 month license suspension is over and the the case has not come before the court yet, when it does and if they suspend your license for 6 months, have you already done your 6 months or does it start over again? If it starts over again, you really lose your license for up to a year depending when you go to court. That would mean your license suspension time frame is based upon when you go to court, which means you are punished longer than some others.

Attorney answers (3)

  1. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . You are talking about two separate proceedings. You could theoretically serve your suspension by the Department of Highway Safety and Motor Vehciles, get your license back, and the lost at trial and have your license suspended again.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. Aaron J. O'Brien

    Contributor Level 13

    Answered . It seems that the list of of actions in which a driver's license suspension is required keeps growing and there are so many different varieties of DUI suspensions.
    But, for now, I'll assume this is a DUI 1st suspension due to driving under the influence with an unlawful blood alcohol level (DUBAL) - not a refusal, since you mention a six month suspension.
    That being the case, the answer is the six month court ordered (not administrative) sanction begins at the time of the sentence. That's the bad news.
    The good news is that if you have completed DUI school you are eligible to petition for a business purposes only license. So, while you are starting a new six months, it's likely you'll be granted a hardship license for the balance of the time.
    Aaron O'Brien
    Ft. Myers

  3. William C. Head

    Pro

    Contributor Level 14

    Answered . First, you may be talking about TWO different suspensions. When you get arrested, an ADMINISTRATIVE license suspension can be set into motion, either for REFUSING the State;s breath test (following a DUI arrest) or for TAKING THE TEST and having a breath or blood alcohol level OVER the applicable legal limit (0.08 grams percent for people age 21 or older).
    Once your CRIMINAL case gets resolved at COURT, if you get convicted of DUI, then ANOTHER type of DUI suspension can be put into place. However, most states give partial or full credit for any los of license time that occurred as a result of the ADMINISTRATIVE suspension, when and if a CRIMINAL conviction suspension occurs 9in connection with the same case).
    If you had an attorney for your case, call him or her to clarify this issue. You can also get in touch with a FL DPS staff member to see exactly when you will be eligible for a full license reinstatement. I have also given you a link to a long list of very capable attorneys who handle these cases in FL. ee LINK below.
    Only when you have jumped through all the HOOPS will you be getting re-licensed.

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