In order to protect their rights, it is essential that drivers handle the process properly. There are a few key things to understand about the administrative suspension process.
Options After Arrest
After a DUI arrest, law enforcement issues an administrative suspension to the driver. This permit allows individuals to drive for necessary reasons, such as going to work or court, but not pleasure driving. From that time of issuance, individuals have three possible options:
Schedule a hearing to fight the charge
Attend DUI school to regain driving privileges
Choosing to pursue either of the first two options may lead to the driver getting driving privileges back. With the second and third options, individuals receive points on their driving record, which may have effects in the future. By choosing the third option, individuals lose their driving options.
Individuals may fight their DUI charges through an administrative hearing. To begin the process, drivers must file a formal review hearing form within 10 days after the arrest. In order to fight the charges successfully, a driver must show that law enforcement did not follow the proper protocol. A knowledgeable attorney may be essential to mounting and delivering a successful argument.
The Florida Department of Highway Safety and Motor Vehicles offers a driving school option that allows people to receive their full driving privileges without undergoing the usual 30 to 90 day suspension. However, by taking this option, individuals forego their right to a review hearing and receive the charge on their record, which remains there for 75 years.
After a DUI arrest, it is important to understand the options so that a person may make the best decision possible. Someone who has questions may benefit from speaking with a legal professional.