DMV Administrative Hearing for DUI
DUI administrative license suspensions in Florida are served separately and independently from any criminal penalties assigned upon conviction for drunk driving. This means that you could serve your administrative suspension in addition to any criminal penalties you receive for a Hernando County DUI conviction, or even if you weren’t ultimately convicted of DUI.
Since the penalty is separate, the proceeding to fight against the penalty is also separate. An experienced drunk driving attorney in Brooksville can help you appeal your administrative license suspension in your Hernando County area DMV administrative hearing for DUI.
Attorney for DUI Administrative Hearings in Brooksville, FL
Being able to use your driver’s license is an issue that can critically affect your day-to-day life. If you have received an administrative license suspension in Hernando County, Sumter County, Citrus County, or the surrounding areas and wish to fight this suspension in a DMV administrative hearing for DUI, begin your defense immediately by contacting The Law Office of Ashley Aulls, P.A..
Ashley Aulls is a skilled and knowledgeable Hernando County DUI defense attorney who treats his clients with respect through education and open communication. With a family history of successful lawyers and over 20 years of his own experience, he knows what it takes to defeat an ALS in an administrative hearing for DUI. To find out more about what The Law Office of Ashley Aulls, P.A. can do for your administrative license suspension and the rest of your Brooksville area DUI case, call (352) 593-4115 today and schedule your initial case consultation.
Reasons for DUI Administration License Suspension in Florida
When it comes to DUI in Florida, there are two main reasons your license would be suspended: a blood or breath alcohol content (BAC) test result of .08 or higher, or a violation of implied consent. Implied consent is the legal premise that says just by driving on Florida roads, you have given your consent to a BAC test. Test refusal results in a penalty. The laws governing DUI license suspensions are Fla. Stat. §§ 322.2615, 316.193, and 316.1932, which make the administrative license suspension periods as follows:
- 6 months for a first DUI, BAC .08 or above
- 1 year for subsequent DUI, BAC .08 or above
- 1 year for first refusal to submit to BAC test/implied consent violation
- 18 months for second or subsequent refusal to submit to BAC test/implied consent violation
You have nothing to lose from fighting these administrative penalties, so it is always best to at least try to get the ALS overturned. An experienced drunk driving defense lawyer in Brooksville can assist you through the process as well as fight your original DUI charges.
Hernando County DUI DMV Administrative Hearings
The DMV administrative hearings for ALS are authorized by Fla. Stat. §§ 322.2615 & 322.64 and come in two types, informal and formal. An informal administrative review is when a hearing officer for the Florida Department of Safety and Motor Vehicles examines any evidence or material submitted by the alleged accused and the police officer to determine if the suspension is justified by enough evidence. At this informal review, elements like witness testimony, presentation of evidence, and cross-examination are not allowed.
A formal administrative license review is more like a case at trial, and the alleged offender is allowed to present evidence and witnesses, as well as cross-examine elements of the other side’s case. The outcome of the formal review is then decided within seven days of the hearing. Whether the hearing is informal or formal, all administrative decisions are made separately from any decisions made in the related criminal case. The outcomes of the criminal case and the administrative hearing do not affect one another.
Disputing your administrative license suspension in a Florida DMV administrative hearing for DUI will not only help you work to keep your driving privileges, it will also help your attorney better plan for your defense in your criminal case. A skilled and experienced DUI defense lawyer in Spring Hill can note what does and does not work in your administrative hearing, and apply that knowledge to your criminal case. Even if you lose your administrative case, this knowledge can prove invaluable to your DUI criminal case.
The Law Office of Ashley Aulls, P.A. | DMV Administrative Hearing for Hernando County DUI Defense Lawyer
If you have been arrested and charged with DUI and are facing ALS in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, Dade City, Shady Hills, Hudson, or anywhere else in the Hernando, Citrus, Sumter, or Pasco County area, contact The Law Office of Ashley Aulls, P.A. to represent you at your DMV administrative hearing for DUI. Ashley Aulls has over 2o years of experience fighting for clients like you, and can work on a favorable outcome in both your administrative case with the FDSMV and your DUI criminal case in Hernando County or the surrounding areas. Call (352) 593-4115 today and schedule an initial case consultation.