I was pulled over on the 25th of July and had blood drawn. I went in to the DHSMV (BAR) office today to apply for my Administrative Suspension informal/formal review. The person at the desk after going through my papers said I haven't been charged yet, I just received a citation, My DL wont be suspended till my blood results are back and the results are .08 or above and am charged. She said when the results are back I will receive a letter/ticket from DMV of the suspension and I have 10 days from that date to request the review. Since tomorrow is the last dayof the 10 days I can apply and she is completely wrong and its from the date I was stopped (date on citation) I would feel a lot better for some confirmation of what she said is correct. It makes sense though. ThanksThank you everyone that has replied. I received 2 additional confirmations from DMV that they wait till my blood results are back before sending me a letter of suspension and it's from then I have my 10 suspension review window to ask for a hearing. She said she is just getting results from April arrests in now, so until I receive a letter from DMV I still retain my full driving privileges. If my test comes back below a .08 then the DMV does nothing till the outcome of the court case.
Let a competent criminal defense attorney licensed in Florida analyze your case carefully for all purposes to propose the best course of action for you.
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Your additional information saved me the hassle (although it did cost me the calories) of typing precisely that.
Let me emphasize, however, that the DMV component of your situation is probably going to prove be the easier part; it is court that you need to be preparing for. I strongly suggest that you get into a St. Pete area DUI specialist's office and start the process, and I mean now. The quicker you begin to piece together your potential defense the better prepared you will be once that ball drops and start a rollin'.
Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).
Either way, best of luck!
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I'm glad you received the confirmation from the DMV as that is true. However, there are things you can do now to try and avoid a DUI altogether. For example, you may be able to fight the blood draw before the prosecutor even gets it in certain circumstances. So, while the blood results may take anywhere from a couple weeks to several months, you need an attorney to start fighting for you now. As a FACDL member myself, I am very familiar with how the DMV and criminal aspects of your case will affect you. Feel free to give me a call as I am in Pinellas county.
Definitely start fighting this thing now. What were the circumstances of the blood draw? Blood draws are highly invasive and law enforcement needs to have their proverbial i's dotted and t's crossed to be able to use the blood draw against you in court. A good defense attorney may be able to preemptively expose the weakness of the state's case before the results of the blood draw comes back. If you think the results may be worrisome to you, then your best bet is to get the ball moving asap.
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