Criminal Defense
Since 1993
Since 1993
WHAT SHOULD I DO IF MY LICENSE WAS SUSPENDED AFTER A DUI ARREST IN CENTRAL FLORIDA? FAQs
Q: Can I still drive after being arrested for DUI?
A: Yes, you can drive for 10 days after your DUI arrest. Your DUI citation, which looks like a speeding ticket, serves as a temporary permit allowing you to drive for “Business Purposes Only” during this period. “Business Purposes Only” includes driving to work, school, medical appointments, and similar essential activities.
Q: What happens after the initial 10 days?
A: After the initial 10 days, you must act quickly if you want to continue driving. You have two main options:
- Apply for a Hardship License: This license allows you to continue driving for “Business Purposes Only” during your entire suspension period, whether it’s six months or one year. You need to apply for this hardship license within 10 days of your arrest. If you’ve had prior DUI’s, you may not qualify for a hardship license and your only option will be to fight the suspension at a DMV hearing.
- Fight the License Suspension: Instead of applying for a hardship license immediately, you might choose to contest the suspension of your driver’s license. This involves requesting a formal review hearing to challenge the suspension. You should consult with an attorney to determine whether fighting the suspension or applying for a hardship license is the best course of action for your specific situation.
Q: What are “Business Purposes Only” in the context of a hardship license?
A: “Business Purposes Only” refers to essential driving activities, such as:
- Driving to and from work
- Attending school
- Visiting the doctor or other medical appointments
- Performing necessary household errands
- Attending religious gatherings
Q: How do I apply for a hardship license?
A: To apply for a hardship license:
- Visit the DHSMV: Go to your local Bureau of Administrative Reviews office, a part of Florida’s Department of Highway Safety and Motor Vehicles (DHSMV). There are only about ten of these offices in the State of Florida, one is in Orlando, one is in Tampa.
- Enroll in DUI School: You may need to enroll in a DUI school as part of the application process.
- Submit Required Documentation: The Bureau of Administrative Reviews requires that you fill out form HSMV 72034 a “Waiver of Formal Review” form so that they can determine if you are eligible for an immediate reinstatement of your driving privilege. I recommend an attorney for all of this, of course!
It’s crucial to complete these steps within 10 days of your DUI arrest to avoid any lapse in your ability to drive legally.
Q: Should I apply for a hardship license or fight the suspension?
A: Deciding whether to apply for a hardship license or fight the suspension depends on your specific circumstances. Consulting with an experienced DUI attorney can help you make this decision. They can evaluate your case, consider the evidence, and advise you on the best course of action. Factors such as your arrest’s specifics, driving history, and personal needs will influence this decision.
Q: Why is it important to act quickly after a DUI arrest?
A: Acting quickly is essential because you only have a 10-day window to either apply for a hardship license or request a formal review hearing to contest the suspension. Missing this window can result in an automatic suspension of your driving privileges without the option to drive legally during the suspension period. If you need assistance navigating the complexities of a DUI arrest and license suspension in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, contact my office. My name is John Guidry, and I am here to help you through this challenging time.