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Carlson Meissner Hart & Hayslett | Legal Blog

Feb  13,  2014
By maryann
 
Carlson, Meissner, Hart & Hayslett, P.A. Our Team of Attorneys
Kevin Hayslett, attorney with the law offices of Carlson, Meissner, Hart & Hayslett, P.A., assists Florida drivers charged with DUI evaluate their options related to the administrative license suspension, and provides a strong defense in criminal proceedings. There are procedures that became effective in Florida on July 1, 2013, regarding the reinstatement of a suspended drivers license after a DUI arrest. In 2011, more than 55,000 people were arrested for DUI in Florida and more than 33,000 were convicted of DUI, or driving under the influence. A DUI conviction can permanently alter the course of one’s life. Because a conviction can stay on a criminal record for 75 years in Florida, it can have a serious impact on employment and school opportunities. DUI convictions can also result in a suspended drivers license and can significantly increase auto insurance costs. Under Florida Statute, s.316.193, a person is guilty of "driving under the influence" if the person is driving, or is in physical control of a vehicle while under the influence of alcoholic beverages, chemical substances or controlled substances that causes the person’s normal faculties to be impaired. A driver with a blood-alcohol level (BAC) of 0.08 is considered to be driving under the influence. DUI convictions are punishable by fine or imprisonment. Florida drivers arrested for DUI must navigate both a lengthy administrative process before the Department of Motor Vehicles to regain their driver’s license, and face a daunting criminal proceeding in court to determine culpability on the DUI charge. These often occur simultaneously. Effective July 1, 2013, under Florida Statute s.322.2615, the rules for administrative suspension of a driver’s license changed. Drivers charged with DUI in Florida now have the following options:
  1. Request a formal or informal review of the license suspension at the Department of Motor Vehicles; or
  2. Request a review of eligibility for a business purpose only license (also called a hardship license) at the Department of Motor Vehicles.
The decision of which option to pursue must be made within the first 10 days after the DUI arrest when the notice of suspension is issued. This decision should be made with full knowledge of the potential consequences of both choices. "We encourage everyone to stay safe. Utilize a designated driver or taxi cab, drink responsibly and never drive under the influence. If you have been arrested for DUI, your best course of action is to retain a skilled DUI attorney to mitigate potentially serious consequences." said Mr. Hayslett. For additional information on DUI and license suspension in Florida, consult the Florida statute at: http://www.flsenate.gov/laws/statutes/2011/322.2615
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Under Florida Statute, s.316.193, a person is guilty of "driving under the influence" if the person is driving, or is in physical control of a vehicle while under the influence of alcoholic beverages, chemical substances or controlled substances that causes the person’s normal faculties to be impaired.
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