First Time DUI Frequently Asked Questions
Have you or a loved one been charged with your first DUI in Orlando? If so, the best option for you is to speak with an Orlando DUI Lawyer that can help you to figure out the best way to protect your rights and reduce possible penalties for you.
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What happens first when I get charged a DUI?
If you’ve been charged with DUI (Driving Under the Influence) in the State of Florida, there are several things you need to immediately consider. The first is hiring an attorney to represent your interests at two DHSMV hearings. The first of these hearings before the Florida Department of Highway and Safety Motor Vehicles is heard before a DHSMV employee and that employee’s job is to review your case while you are present. That DHSMV employee will then schedule a second more formal hearing where a decision will be made as to whether to suspend your license or not. In the State of Florida you must schedule your hearing within 10 days of being arrested for DUI, or you face losing your ability to drive by an immediate suspension of your driver’s license.
It is important for you to understand that this is separate from you DUI charge, and occurs before your individual DUI charges have even been addressed. Please contact Grozinger Law before this ten-day period expires so we can schedule the hearings for you and appear with you at the DHSMV hearings in order to save your license. If you do not, your license could be suspended for up to 18 months depending on the facts of your case.
What if this is my first DUI? Can I keep my license if I’m a first time DUI offender?
A new law enacted in July of 2013 may offer relief to those who have not had their driver’s license previously suspended for an alcohol-related offense. Specifically, Florida Statute §322.271(7) provides that the first time DUI offender can waive their right to an informal or formal DHSMV review hearing and apply for a DL Suspension waiver within 10 days of being charged with a DUI. If you qualify and your application and review are successful, then you will be immediately issued a “BPO” Business Purposes Only driver’s license that will be valid until your DUI charge is resolved in court. This is not a process that you want to address without an attorney, especially given the time limitations provided by the law. Call Grozinger Law today to get started on the process of saving your ability to drive while fighting your DUI charges.
What if this isn’t my first alcohol-related offense? Can I keep my driver’s license?
If you have refused to take a BAT (breath alcohol test) at least two times before, or have been convicted of Driving Under the Influence at least two times in the past, then you are not eligible for a hardship license.
However, if you don’t fall into either of those two categories, you complete the required DUI Counter Attack School and serve the hard suspension period of your administrative suspension, then you can apply for a Hardship review hearing with the help of an attorney. Please remember that this process is separate from the criminal DUI charge you are facing. Call Grozinger Law today at (407) 730-3085 so we can guide you through the process of requesting a Hardship review hearing so you can keep driving while fighting the DUI charges against you.