DHSMV Hearings & Driver License Restoration

Brevard County DUI Lawyer

If you have been arrested for DUI in Brevard County, our firm can help you. The Melbourne criminal attorneys at The Canina Law Firm represent clients throughout the Brevard County area including Melbourne, Viera, Suntree, West Melbourne, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, and Satellite Beach.

After being arrested for DUI in Brevard County, one of the things you may be worried about is keeping your driving privileges. Depending on the circumstances surrounding your arrest, you may be in danger of losing your driving privileges through the DHSMV (Department of Highway Safety and Motor Vehicles). All DUI and other traffic citations will be sent to the Florida DHSMV and added to your record. Grounds for automatic suspension include refusing to take a breath or blood test when an officer asks you to or blowing a .08 or higher on the breathalyzer. Depending on the nature of your DUI charge, your license will be suspended for varying lengths of time.

How a Melbourne, FL DHSMV Hearing Attorney Could Help

When you are arrested for DUI in Florida, the Department of Motor Vehicles automatically suspends your license for 6 months if you have a blood alcohol level of .08 or higher, for 12 months if you refuse an alcohol/drug test, and for 18 months if you refuse an alcohol/drug test and have previously refused such a test. Your DUI citation serves as your license to drive for 10 days following your arrest. To be eligible to be able to drive past the ten days, you or your attorney must do one of two things:

1. File a request for a review hearing with the DHSMV within the first 10 days of your arrest. The purpose of a formal review hearing is to challenge the administrative suspension of your license. Upon the receipt of your attorney’s request for a hearing to challenge the automatic suspensions, the DHSMV will send your attorney a “business and necessity license” (hardship license) which will extend your driving privileges for about another 42 days so that your attorney and the DHSMV can have a hearing to determine the validity of the automatic suspension. If your attorney is successful at the DHSMV hearing, your driving privileges will be reinstated pending the outcome of your DUI case in court. If the DHSMV upholds their suspension, you will be required to endure a 30-day “sit-out” period of no driving for .08 and above cases, and a 90-day “sit-out” period for refusal cases before the DHSMV will consider you for another hardship license. The 30 and 90 day “sit-out” periods are hard suspensions. You are prohibited for any form of driving whatsoever during said times.
2. Waive your right to a formal review hearing. In July of 2013, Florida administrative law changed to allow the defendant to formally waive their right to a hearing. Why would somebody want to do this? The reason is that, for certain DUI defendants, Florida lawmakers recently carved out an exception where certain people could avoid the 30 and 90 day mandatory “sit-out” provisions by waiving their right to a DHSMV hearing, paying a license reinstatement fee, and being issued a “Business Purposes Only” license immediately after their arrest. The effect of this law is that, although the defendant is guaranteed to have a suspension on their driving record, he or she would not have to endure the 30 or 90 day “sit-out” periods of no driving whatsoever and can get a restricted driver license immediately following their arrest. This is a viable option for those who absolutely need to be able to drive for business and necessity purposes. The option to waive the formal review hearing and avoid the “sit-out” period does NOT apply to anyone with a prior DUI or prior alcohol-related suspension on their driving record.

Our attorneys can and will counsel you on the best courses of action that will give you the best chance of regaining your driving privileges.

Melbourne FL DUI Attorney | Brevard County DUI License Restoration Attorney

Having your driving privileges taken away after a DUI arrest can take a major toll on your life and livelihood. At The Canina Law Firm, we are experienced in handling administrative hearings and strive to bring about the restoration of your license. Our attorneys have well over 50 years of combined experience handling all kinds of DUI cases. Our offices are available to call 24/7, including weekends and holidays.

Our firm sets itself apart from others in the level of personal service we provide to our clients. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed at every step of the way. With over four decades of combined experience defending DUI cases and administrative suspensions in Florida, our attorneys will work hard to get you the best result possible! If you have been arrested for DUI in Brevard County, Florida, start fighting back today! We can help you. Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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