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If my DUI was dismissed in criminal court but the DMV suspended my license, can I wait the 6 months and get my license back?

Tampa, FL |

I had my license suspended by the DMV over two months ago when I was charged with a DUI in Tampa, FL. I performed FSE's and blew a .135/.136. I fought the charge in court and filed a motion to suppress all evidence when my attorney found that the officer did not have probable cause for the arrest and ordered me out of my car to do the FSE's which constituted a violation of my 4th amendment right (illegal search and seizure). The judge accepted my motion and the case was dismissed.

My question is, because I failed to request an administrative hearing with the DMV, what steps do I have to take to get my license back from them when the time is served for the suspension? Do I have to take DUI school, and show proof of SR-22 insurance when the suspension is over to get my DL back or no?

Attorney Answers 4

Posted

You will need to show proof of enrollment in the DUI course to get a BPO.

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4 comments

Amber Hill

Amber Hill

Posted

BPO-Business purpose only license.

Asker

Posted

I am a student. Would I still qualify for the BPO license and would I be required to show proof of SR22 insurance or can I use the insurance that I am currently with right now? (non SR22)?

Amber Hill

Amber Hill

Posted

You will be able to use the BPO to drive to work, school, church, dr. appointments and grocery shopping.

Amber Hill

Amber Hill

Posted

I think the DHSMV requires SR-22 but you would have to confirm that with them.

Posted

On your DUI citation that you would have received from the officer, it states you have 10 days to request either a formal or informal review of the DMV's suspension of your license. If you did not do that, you probably would be deemed to have waived your right to a hearing and to challenge the suspension.

You will need to take DUI school in order to get your DL reinstated.

My answers on Avvo.com are intended to help clarify the legal process in your situation to the extent possible on this website. Criminal law can be very complicated and very serious. Every case is different and my answers are not intended to serve as legal advice unless so stated. If you have been charged with a crime you could be placed on probation or face incarceration. Please contact an attorney if you think you need legal advice in a criminal matter.

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2 comments

Asker

Posted

Since my case was dismissed, do I have the right to schedule a rehearing with the DMV since it was dismissed by criminal court? I read that some states allow a rehearing after one year of the dismissal to contest the administrative suspension..is this true in the state of FL?

Jonathan Burton Blecher

Jonathan Burton Blecher

Posted

If you were found "Not Guilty" after trial, you could get the suspension reversed. Other than that, no.

Posted

I agree with the other attorneys. You will need to show proof of enrollment (not completion) of DUI school in order to get your business purpose only license. Had you hired an attorney within the 10 days of the arrest the bad stop argument could have been made at the administrative hearing and its possible you wouldnt have lost your license at all. Because that was not done you'll have to jump through some extra hoops. But congratulations on getting your DUI thrown out!!!

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Posted

I agree with the other attorney's answers. You do have to enroll in the DUI counter attack school in order to qualify for a BPO (business purposes license). You will also need to complete the school in order to have the BPO portion of your license removed after the 6 mos. has expired. There is no suspension on your DL for DUI, but you still have whats known as a administrative suspension that has to be dealt with DMV.

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