Administrative License Suspension Defense Attorney in Miami

The scope of the review is limited to the following issues when the license was suspended for driving with a BAC of 0.08 or higher:

• Whether the law enforcement officer had probable cause to believe that the person was driving a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances
• Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher

When a license was suspended for refusal to submit to a breath, blood, or urine test, the scope of the review is limited to the following issues:

• Whether the law enforcement officer had probable cause to believe that the person was driving while under the influence of alcoholic beverages or chemical or controlled substances
• Whether the person refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer

Administrative License Suspension Periods in Broward County

Florida Statute § 322.271 and Florida Statute § 322.28 establish the following revocation periods relating to DUI offenses:

• First offense without bodily injury: Minimum 180 days up to one-year revocation
• First offense with bodily injury: Minimum three years revocation
• Second offense within five years of prior DUI conviction: Minimum five years revocation with eligibility for hardship reinstatement after one year
• Second offense five or more years after first conviction: Minimum 180 days up to one-year revocation if the offense did not involve bodily injury, minimum three years revocation if the case involves bodily injury
• Third offense within 10 years of the second conviction: Minimum 10 years revocation with eligibility for a hardship reinstatement after two years
• Third offense 10 or more years after the second conviction: Minimum 180 days up to one-year revocation if the offense did not involve bodily injury, minimum three years revocation if the case involves bodily harm
• Fourth conviction: Mandatory permanent revocation with eligibility for hardship reinstatement after five years (revocation period begins upon date of release from incarceration if the alleged offender is incarcerated)

• DUI manslaughter: Mandatory permanent revocation with eligibility for hardship reinstatement after five years if there are no prior DUI related convictions
• Manslaughter, DUI serious bodily injury, or vehicular homicide convictions: Minimum three-year revocation.

Under Florida Statute § 322.2616, license suspension periods are different for alleged offenders who are under 21 years of age.

In such cases, periods of revocation are as follows:

• First suspension for DUI arrest involving BAC of 0.02 or higher: Six months
• Second or subsequent suspension for DUI arrest involving BAC of 0.02 or higher: One year
• First suspension for refusal to submit to breath testing: One year
• Second or subsequent suspensions for refusal to submit: 18 months

Another group of drivers who have different license suspension penalties is people with commercial driver's licenses (CDLs). A DUI arrest involving a BAC of 0.04 or higher or refusal to submit to testing will result in a one-year revocation of the driver's CDL, but a second or subsequent conviction or refusal results in permanent disqualification from operating commercial motor vehicles.

Work with Our Miami License Suspension Defense Attorney

If your driver's license has been suspended or revoked because of a DUI arrest in Broward County, it is in your best interest to quickly retain legal counsel. The Hoffman Firm represents clients aggressively.

Schedule your free consultation today by calling 305-249-0090 if your case is out of Miami, 954-524-4474 if your case is out of Broward County, or contacting us online.