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What are the benefits of winning a DMV hearing for DUI refusal?

Orlando, FL |
Attorney answers 4

Best Answer

Had you lost your DHSMV hearing, there would have been a ninety (90) day period during which you could not drive at all - even to work. Assuming that this is your first offense, even if you are convicted of the DUI in criminal court and your license thereafter suspended, you will be eligible for a hardship permit immediately after court so long as you have completed DUI school.


The primary benefit to winning your DMV hearing is that your DL will not be suspended -- for now. You could still lose your license through the criminal proceeding, along with other not-so-friendly sanctions, so you would be well advised to contact a local DUI attorney.

Congrats on your DMV victory. It doesn't happen too often...


You get your license back and there is no notation on your DL record for a refusal. However, lose at trial or plea and you will lose it for at least 6 months. Make sure you have a good attorney. You may be available for diversion.


My experience is that it does help you out if your case goes to trial and the prosecutor tries to make some noise about your refusal to take the breath test "as indicative of guilt." Congratulations, your lawyer did well for you!