For many people, the potential loss of their ability to drive is their most immediate concern following a DUI arrest. If the arrested driver refused to submit to the officer’s tests, or if his blood alcohol results were over the .08 limit, then his license will be suspended ten days after the arrest. This is considered an administrative suspension by the department of motor vehicles; it has nothing to do with the criminal case. Even if the driver’s Tampa DUI Attorney can ultimately win his criminal case tomorrow, he will have his license suspended today if he does not request a formal review hearing and contest the suspension within ten days of his DUI Arrest.
A DUI attorney can keep the driver on the road after the ten days expire. The DUI attorney can request a formal review hearing with the local bureau of administrative review. IF the Tampa DUI Lawyer wins the formal review, then the license suspension will be invalidated. The formal review usually takes 3-4 weeks to be calendared and to be heard. In the meantime, the attorney can get a temporary permit to keep the driver on the road for 42 more days. So, at the very least, the formal review hearing can keep the driver on the road long enough to plan alternative transportation when his license is finally suspended.
In preparation for the formal review hearing, the attorney gets the “packet” of police reports and affidavits from the driver’s license bureau. If he discovers upon reviewing the packet that the arresting officer made a legal mistake in handling the DUI arrest, the attorney may decide not subpoena the officer, and argue the results in the “packet” at the formal review hearing. If the administrative review hearing official agrees, the attorney may be able to get the administrative drivers license suspension tossed out. In that case, the driver would immediately receive his full unrestricted license back.
However, if the officer did everything by the book, crossed his T’s and dotted his eyes, then the attorney may choose to subpoena the officer for the hearing. If the officer shows up, a Driving Under the Influence attorney in Tampa can use this valuable time to get information from the officer to build his defense on the criminal charge. If the officer does not show up, the DUI attorney can ask that the DMV reinstate his client’s driver’s license.
Of course, if the driver goes to see his attorney 11 days after his DUI arrest, a request for a formal review would be untimely, and deemed waived. That means on day 11, the drivers license suspension would be in effect.
Contact a Criminal Attorney Today
If you have been arrested or charged with DUI and your licenses suspended, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a DUI attorney.
