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Can a judge issue a business purposes only license if you are suspended for refusing to take the breath test in Florida.

Ocala, FL |

Can a person be issued a business purposes only license if they are under the 90 day suspension for not taking the breath test

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Attorney answers 3


No, that suspension is a DMV administrative suspension for which a judge does not have jurisdiction. Driving is a privilege, not a right, and the DMV controls. If you need a lawyer to help fight your DUI contact one asap.


If you did not request an administrative hearing or you lost the administrative hearing, then on a first time refusal DUI, you must serve the 90 day "hard" suspension. That means even if you're the governor of Florida, no license and no driving for 90 days. A judge has no authority to change this. If your DUI is still pending, I would suggest you contact an attorney in your area.


I agree. A judge cannot help you because the suspension is administrative and placed on you by the DMV.