Skip to main content

Hi, this past Saturday I got a notice of suspension of my drivers licence for 6 months for being under 21

Jupiter, FL |

B.a.c of .147 and .135 I don't know what to do I need to drive on a daily basis to work and my 10 day yellow pass runs out on Tuesday what do I do? And this happened in Orlando while I live in Jupiter and do have the time to drive to Orlando to take care of this. I work full time 9.30-5.30

Attorney Answers 5

Posted

You should go to the DMV and request a formal review hearing prior to the expiration of your 10 day driving permit - this will enable you to drive for an additional 42 days and have the opportunity to challenge the suspension. Hire an attorney to do this for you. If you fail to set up the DMV hearing, your license will be suspended immediately after the expiration of the 10 day permit and you will not be eligible for a hardship for at least 30 days.

Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.

Mark as helpful

1 found this helpful

3 lawyers agree

5 comments

Asker

Posted

Thank you david, now if I challenge it hw much will it cost to hire a lawyer for this and if this happened in Orlando must I go there to the DMV office? Which is already very difficult for me.

David P. Gilbert

David P. Gilbert

Posted

An Orlando DUI attorney will be able to set the DMV hearing and attend it on your behalf - as for their fees, you may want to contact a few Orlando attorneys to get an idea of the price range because I do not handle cases in Orlando.

Asker

Posted

ok great, thank you very much for your help. Now as to realistically having this thrown out is it worth me hiring someone to do this or not. I was not arrested I just received a ticket I guess that is called an administrative suspension which is designed to give underage people a break when it comes to DUI. I was only given to walk in a straight line test and the test where the police officer has a pen in front of my face and has my eyes move left to right. He did not really have a reason to come up to my car other than the fact that I had the car in reverse. He said that this will not be put on my record, I just had never heard of this before which is why I am trying to understand what the options are.

David P. Gilbert

David P. Gilbert

Posted

Sounds like you definitely need to hire an attorney to get a better understanding of your situation, but you shouldn't discuss the facts of your case any further on this forum (it's not confidential).

Asker

Posted

ok great thank you

Posted

The driver license suspension is because you were arrested for a DUI. You can challenge the determination with the Department of Highway Safety and Motor Vehicles. By requesting an administrative hearing with the DHSMV you will get an extension for the hardship license. If you prevail at the administrative hearing then your license will no longer be suspended. However, if you do not win then you can still get a hardship license but you will have to have a 30 day hard suspension first. Unfortunately there are no exceptions to the hard suspension unless you win at the administrative hearing. By the very least, the extra time can give you the opportunity to make arrangements for the 30 days in which your license is suspended with no exceptions. This is separate from the criminal case; even if the criminal charges are dropped then you would still have the administrative suspension.

I highly recommend you hire a lawyer to handle both the criminal case and the administrative hearing. Please feel free to contact my office for a consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Mark as helpful

1 found this helpful

6 lawyers agree

3 comments

Asker

Posted

Thank you Eric, I thought the police officer said that this wouldn't be considered as a DUI. And I also thought this is not a criminal case since it is an administrative suspension. Is there any way of getting some kind of permit to drive for those 30 days? It is not an option for me not to drive. If I was in the driver's seat and unfortunately had the car in reverse and the police officer took a note of that do I have any chance of winning the case? And how much would it cost if I hired an attorney for this?

Eric J Trabin

Eric J Trabin

Posted

If you were administered a breath test then you clearly were arrested. I dont know why the officer would go through the trouble of bringing you to the breath test center and test you if there would be no criminal charges. Almost definitely is there a criminal case and you will want a lawyer prior to court. Unfortunately there is no exception to the hard suspension. The only way around the suspension is if you or your lawyer convinces the DHSMV at the administrative hearing that there was no probable cause of you operating the vehicle while impaired. The DUI is both a criminal and an administrative matter. Also unfortunately, the car going in reverse is not a defense. The crime is operating a motor vehicle and people have been found guilty when the car was in park. There maybe questions why the officer stopped you in the first place or to challenge the veracity of the great test. So you definitely need a lawyer. Every lawyer is different and will have different fees.

Asker

Posted

Ok, I did not get taken to a breath test center though. The police officer had another police officer bring a breath test to use it there on the spot. He gave me the yellow paper citation and had a friend of mine pick me up. i did not get handcuffed or taken to jail.

Posted

It is hard to tell, based on your question, whether you got a DUI or an underage citation. However, if your license was only suspended for 6 months, it was probably a DUI. If by Tuesday you mean 3/12, you still have time to apply for an administrative hearing. You can do this yourself. Call 407-445-5581 (DMV) and they will tell you what to do. It is hard to get through, so be patient. Doing so will help you get an extension of your license so you can go to work and have more time to consult with an attorney.
Here is the deal. The State of Florida dosen't care if you work 3 jobs, 21 hrs a day, 7 days a week, have a wife and 2 kids and parents who depend on you to get them to dialysis, if you have been drunk and driving, they want you off the street. If you don't take the time to consult with and hire an attorney, you are not going to have a license. If you drive without a license, even across the street, and get caught, you will be in jail and it doesn't matter about your job anymore. You can hire an attorney where you live, or do the smart thing and hire one who regularly handles cases in Orlando. In many ways you are fortunate that you were stopped in Orange or Osceola County, because you have more potential options to resolve the DUI than elsewhere. Many attorneys will work with you on an appointment. I am willing to see you after hours or on a weekend, if you have intentions of hiring an attorney. You can call me at 407-846-8008. But, if you don't get an attorney, you may lose your license for between 6-12 months total. It's not the end of the world, but it does require action by you and it will cost you some time and money.

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Asker

Posted

Hello Don, I am looking to get an attorney in Orlando to try to fight this for me but am scared of how much it would cost. How do your fees work? I was told that this is not a DUI it is a administrative citation instead of a DUI which Orlando has started putting in place to give underage people a break.

Don Waggoner

Don Waggoner

Posted

Send me a copy of the citation. fax 321-402-5950 or e-mail dw@donwaggonerlaw.com. I can better evaluate it that way. Can't tell you how much it costs unless I know what it is. Maybe it's not a DUI.

Posted

Contact an attorney in Orlando. In most cases they can waive your appearance so you don't ahve to keep driving back and forth. In addition, if time allows, an attorney can contest the aministrative driver's license suspension. There are legal strategies that apply to these hearings and it is not advisable to do it without an attorney in order to maximize your chances. Furthermore an attorney can challenge the breath test results if there are any issues surrounding the breath test machine. Best of luck!
www.colleenglenn.com

Mark as helpful

1 found this helpful

4 lawyers agree

1 comment

Asker

Posted

Thank you Colleen, now how would that work. I was not driving I was about to reverse the car and had my reverse lights on which the police officer noted. Could you let me know how much it would cost to hire someone to do this for me? And reallistically do I have a chance, Also if I hire someone would I be able to drive for these 30 days with the help of an attorney or must I serve this 30 days without driving.

Posted

Having a valid license is important as it is difficult to get around without one. I recommend contacting a local DUI Defense Attorney so they can go over your specific facts and possible defenses to the suspension.

Mark as helpful

2 found this helpful

3 lawyers agree

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics