Written by Top Avvo-rated DUI Attorney in Tampa John S. Castro 7/10/2013
Before July 1, 2013, the rules regarding license suspensions applied as follows:
For a refusal to submit to a lawful breath, blood, or urine test:
- 1 year for a first refusal
- 18 months if the licensee has a prior refusal.
For an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher:
- 6 months for a first offense
- 1 year for a second or subsequent offense
In either scenario, a person could elect to have a formal review hearing challenging the suspension of their license. In a formal review hearing, the formal review hearing officer must determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the Florida driver license suspension. If that burden is not met, the suspension is overturned and the driver’s license is reinstated. Unfortunately for drivers, the vast majority of hearings result in the suspension being upheld.
Effect of Proposed Changes
The bill amends 322.271, F.S. by allowing a person that has been arrested for DUI to waive his or her right to a formal review hearing and receive a driver’s license restricted to business purposes only, if eligible, without having to sit out the applicable 30 or 90 day period. This results in a definite win for Florida drivers and their ability to maintain employment, fulfill child care duties, as well as other transportation needs.
Request a Free Consultation & See How This May Affect You
Experienced DUI Attorney John Castro provides a free 1 hour consultation on DUI and suspended license cases. If you have been charged with a DUI, or if your license has been suspended, please submit a consultation request or contact us to see what can be done in your particular situation.
For more information regarding the repercussions of a Tampa DUI, view a list of DUI penalties in the state of Florida.