Lawyers deal with facts and the law. The only facts that you gave us were that you blew a .056, and that you were charged with dui. In order to be charged with dui the bal has to be .08, and you blew significantly lower than that, which means that you will not be charged with dui, unless there are other facts warranting the dui charge, such as evidence of the use of controlled substances. What you need is an attorney, and the attorney will learn all of the facts and advise you accordingly. How you can avoid a license suspension is to retain an attorney.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Did the police arrest you for DUI on the street? If so, another question is whether they also suspended your driving privileges for being Under 21 and Over .02. If they didn't suspend you for the .02, you do not have any administrative suspension from DHSMV at the moment.
If you are convicted of DUI, the court will suspend your driving for 6 mos-1 yr. I would think that a .056 will likely result in a reduced charge of reckless driving, but you will need to retain a lawyer to get you there. In over 30 years of DUI law practice, I can tell you that Broward prosecutors are notoriously unforgiving. A lawyer will need to negotiate this case with a DUI Division Chief to get a reduction.
That said, you may have some very viable legal issues in your case which should be looked at by an experienced South Florida DUI attorney. There are dozens of lawyers in the Miami/Fort Lauderdale area who can help. Use the Avvo find a lawyer as a guide.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.
There are 2 different possible license suspension actions you need to avoid. You can be suspended by the Court and by the DMV separately.
If you were arrested for DUI, then you may be able to avoid a Court ordered suspension based on the low breath results. Get a lawyer to assist you so your case can possibly be reduced or dismissed. Either way should avoid a court suspension.
Whether you were arrested or not, the DMV will still suspend you based on your breath level because you are under 21. You need to administratively challenge that suspension, but you can only do that in the first 10 days after your arrest. Contact a lawyer to challenge this suspension if you want to avoid having a hardship license.
Remember that you can be suspended by the DMV even if you were not arrested so contact a lawyer as soon as possible.
Well, if you do not wish to have a hardship license, you must challenge the DMV's desire to suspend your license by filing for a formal review hearing with the Bureau of Administrative reviews on Oakland Park Boulevard and 441 within the first 10 days following your arrest. Based on the known facts within your question, it appears that you have a good chance of winning a formal review hearing if your breath results were a .056g/210L AND there is no evidence of the use of drugs (chemical or controlled substances) AND you did not refuse a law enforcement requested urine test after your breath test results came in well below the legal limit. If the DMV is attempting to suspend your license for 6 months based on an "unlawful blood alcohol level", the DMV must show by a preponderance of the evidence from the paperwork in your DMV file or officer testimony (or both) that you had two breath samples above the legal limit of .08 to sustain this type of suspension. If they do not have such evidence, then you have an iron-clad winner and you will get your license back as it was the day before you were arrested at minimal to no charge. However, if you have the same results, but you refused a urine test, the DMV may be seeking to suspend your license for "refusal" for 12 months with a period of 90 days of no driving whatsoever. If you had these results AND you gave the urine test, the DMV would have no jurisdiction to suspend your license as you complied with all facets of Florida's Implied consent law. I would love to speak with you regarding your case. You can call me at (561) 843-3480 or via e-mail to firstname.lastname@example.org. I have handled hundreds of formal review hearings.
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