When an individual is charged with DUI in the state of Florida, the ticket states they have the right to operate their vehicle for a period of ten days following the initial arrest. This stipulation can be challenged in court which is especially important for those who are arrested for DUI and still need to get back and forth to their jobs. The first thing an individual facing this situation should do is hire an Orlando DUI Lawyer.
What conditions must be met if the challenge is granted?
If this is the offender's first conviction, then the court will require them to attend and complete DUI School. The individual must also apply for a license reinstatement based upon their hardships whereby they could possibly be given a hearing. If the offender's blood alcohol level is equal to or greater than .15, then the court will require the driver to have an ignition interlock device for a mandatory time period of up to and including six months.
If this is the offender's second conviction, according to 316.193, F.S, they will not be able to apply for a hardship license. In addition to that, the court will require an ignition interlock device for a mandatory twelve month period of time. If the offender's blood alcohol level is equal to or greater than .20, then the ignition interlock device must be kept on for a mandatory two year period of time.
For those convicted a second time within a five year period of time, it is possible for the offender to apply for a hardship license reinstatement following a one year period of time. In addition to that, the offender must attend and complete DUI School and consistently participate in a DUI supervision program throughout the duration of the hardship period. Failure to meet these conditions will result in the offender losing the hardship license. In order to qualify for reinstatement, the offender must not have consumed any alcohol or used a controlled substance for one year prior to applying. As with all the other conviction stipulations, an ignition interlock device is mandatory for a period of one year. This time period is extended to two years if the offender's blood alcohol level is equal to or greater than .15.
Why is it important to challenge a license suspension?
It is important for the offender to consult with their DUI attorney in Orlando in order to challenge their license suspension in order to avoid problems with employment. The lawyer will advise the offender of the fact that a hearing must be filed within ten calendar days of the arrest in order for them to receive a hardship license. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) will hold the hearing and is a civil matter that is not considered a criminal case. The lawyer will file for a temporary driving permit to be issued to their client while the case is being prepared and, even though there is no guarantee for winning, the offender will still be able to driver longer than if they hadn't filed for the hardship license.
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