DUI Administrative License Suspension Attorney Tampa

A Florida administrative license suspension (ALS) is a driver’s license suspension that can be imposed by law enforcement even before the court process takes place.

Woman driver handing license and registration

In Florida, if the police officer determines that you were in actual physical control of or driving a motor vehicle with a BAC of 0.08% or higher, they can suspend your driver’s license as per the Florida Statutes § 322.2615(1)(a). The same applies if the driver stopped for a suspected DUI and refused to submit a chemical test to determine their BAC. As per the statute, the officer must also issue a 10-day temporary permit and give notice of suspension after taking away the driver’s license. The dedicated DUI defense attorneys at Carlson Meissner & Hayslett can help you get your driving privileges back.

Types of Administrative License Suspension Hearings in Florida

The Florida Bureau of Administrative Reviews (BAR) is authorized to determine eligibility for the reinstatement of driver’s license suspensions and revocations after conducting hearings and reviews. Hearings are performed on a wide variety of issues by the BAR. Taking this into account, they mainly deal with DUI arrests. These are the most common types of hearing following a drunk driving arrest:

Formal review

Drivers can challenge revocations or suspensions of their driving privileges. They can also have witnesses and legal counsel present.

Informal review

The hearing officer is present to review the materials if challenging the revocation or suspension of driving privileges.

Hardships hearings

Drivers can request employment or business-restricted licenses to overcome undue hardship resulting from the revocation or suspension of their driving privileges.

Under Florida Statute § 322.2615(7), a hearing officer will determine whether sufficient cause exists to invalidate, sustain, or amend the suspension by a preponderance of the evidence.

Failure to Request an Administrative Review in Florida

Here are some essential things to know about requesting an administrative review in Florida:

If you fail to request a formal review hearing within ten days from the arrest date, the DHSMV will uphold the suspension for the applicable period
You can apply for a hardship license or a business purposes license after you provide proof of enrollment in a substance abuse education program
If you receive a 6-month suspension, you will be ineligible to drive for 30 days once the temporary permit expires as part of the six months suspension
There is a 90-day ineligibility period in case of a refusal suspension, which becomes part of the one-year suspension
For any subsequent or second refusal, Florida law prohibits issuing a hardship permit or temporary business for the entirety of the 18-month suspension period

Result of the ALS Hearing in Florida

The state will reinstate your driving privileges if you win the hearing, but a 30 – 90 day waiting period if you lose the hearing, during which you cannot drive. You will also need to:

Provide proof of enrollment in a substance education program to the DHSMV
Take a written examination
Pay the reinstatement fee and administrative fee
Provide proof of liability insurance

Let the Most Trusted Florida DUI Defense Attorneys Represent You in an ALS Hearing

If your driver’s license has been revoked or suspended on DUI charges, you should immediately consult the leading Florida DUI lawyers at Carlson Meissner & Hayslett.

Our formidable defense team is known for representing our clients aggressively and successfully in court. To request your free, no-obligation consultation, call us at (727) 306-0273 or complete our online form.