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Panama City DMV Hearings Attorney

What is the 10-day rule for DUI arrests in Florida?

If you have been arrested for driving under the influence of alcohol, you have only ten days in which to request a hearing with the Florida Department of Highway Safety and Motor Vehicles. Otherwise, you will lose your driver's license to an administrative suspension lasting anywhere from 180 days to a year.

Many drivers who are charged with DUI fail to realize that they have a right to challenge the automatic driver's license revocation. They think that since they were caught driving with a blood alcohol concentration over the legal limit or were visibly substance impaired, there is no way to fight the charges and that they simply have to accept the consequences. The fact is that you can defend yourself against any charges, and by taking action now you may win the case. When you work with the firm, you will have a former prosecutor on your side, an attorney who has personally handled more than 6,000 criminal cases and who knows how to get results.

What to Expect at Your DMV Hearing

In the state of Florida, you 30 days from when a written request is received to schedule an administrative hearing. During this hearing the hearing officer will be looking at two main issues:

  • If the officer had probable cause for the arrest, and
  • If you had a BAC level of .08% or greater or if you refused to take a breathalyzer test.

From there the Hearing Officer will determine if there was enough evidence to uphold or revoke your license suspension.

You Are in Danger of Losing Your License

The hearing with the DHSMV is a separate action from the criminal case, and while it is similar to a criminal trial, it is generally less formal. The police officer may not even appear to testify against you. Your attorney will have the opportunity to introduce evidence and witnesses, and to cross-examine the witnesses and evidence against you, such as the results of any chemical tests you may have taken.

The goal, as in the criminal case, is to prove your innocence, to raise doubts about your guilt or to demonstrate legal problems which render the evidence unreliable. With success, the DHSMV official will decide to overturn the suspension and allow you to stay behind the wheel.

Before doing anything else on the case,contact the team at Shepard Law, P.A., where they are committed to defending the rights of the accused and can fight to help you keep your license.

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