DHSMV HEARINGS
License Suspended from DUI?
Experienced Criminal Defense Attorney Kenneth Padowitz, P.A. Has Aggressively Defended DUI Cases and the Department of Motor Vehicles hearings that are parallel to the criminal case.
If you are pulled over for DUI and refuse to submit to a breath test in Florida, then you will be subject to a fine and license suspension as a result of Florida’s implied consent law. The Implied consent law states that any person who operates a motor vehicle on state highways has automatically consented to submitting to such chemical tests by law enforcement. Further, if you submit to a breath test and have a blood alcohol content (BAC) reading over the legal limit (.08 in Florida for adult), you will also be subject to a license suspension. This license suspension is a separate suspension from any penalties, including potential future suspensions that may result from conviction for the criminal DUI charge. Kenneth Padowitz is an experienced criminal defense attorney who has provided successful DUI defense by legally challenging DMV license suspensions throughout South Florida, including: Fort Lauderdale, Miami, and Palm Beach. In the event that the DMV imposes or upholds your license suspension, our attorney may be also able to assist you in obtaining a hardship license, if eligible.
316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.
(1)(a)1.a. Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test…The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.
What did the officer read to me at the police station?
Florida Implied Consent Warning
□ BREATH TEST I am now requesting that you submit to an approved test of your breath for the purpose of determining the alcoholic content of your breath.
OR
□ URINE TEST I am now requesting that you submit to a test of your urine for the purpose of determining the presence of any chemical or controlled substance.
OR
□ BLOOD TEST I am now requesting that you submit to an controlled substance.
Will you take the test? □ YES □ NO
If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one (1) year for a first refusal, or eighteen (18) months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine or blood. Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding.
Do you still refuse to submit to this test knowing that your driving privilege will be suspended for a period of at least one year and that you will be charged criminally for a subsequent refusal? □ YES □ NO
What does it say on my Drivers License?
If you look on your drivers license, you will see in small print at the bottom:
“OPERATION OF A MOTOR VEHICLE CONSTITUTES CONSENT TO ANY SOBRIETY TEST REQUIRED BY LAW”
What Does the Implied Consent Law Mean to You?
If you take a breath, urine or blood test when requested, you can lose your license for 6 months if you blow above .08. for the first time. If you refuse a breath test, you will lose your license for one year for the first refusal.
Administrative Suspension Law – s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.
- First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
- Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
- First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
- Second or Subsequent Suspensions for Refusal: 18 months.
- The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
You are Entitled to a Due Process Hearing at the DMV
You are entitled to a hearing to contest your DMV license suspension. Your DUI ticket acts as a temporary Drivers License for 10 days from the date it was issued. You must request a hearing within that time frame in order to be entitled to a hearing. A new temporary permit to drive will be issued until your hearing.
Fort Lauderdale Criminal Defense Law Firm Kenneth Padowitz, P.A. Handles DMV Hearings as Part of Your DUI Case
Broward Criminal Lawyer
Fort Lauderdale criminal defense attorney Kenneth Padowitz has made it his mission to defend those men and women who have been accused of DUI and face a DMV hearing. If you need help, contact our DUI firm today. Our attorney’s legal expertise gained through past experience as an Assistant State Attorney prosecuting similar charges has given him a broad range of knowledge about DUI and related DMV hearings and laws that apply. He will look at the potential mitigating factors of your case, and find the best way to proceed with your charge and aggressively defend your rights. An aggressive criminal attorney with experience in DMV hearings and Court is essential. Kenneth Padowitz, P.A. handles cases in both State and Federal courts throughout Broward County and all of South Florida, including: Fort Lauderdale, Miami, Parkland, Palm Beach, Weston, Coral Springs, and Boca Raton.