DUI Loss of License Attorney in West Palm Beach, FL Working to Restore Your Driving Privileges in Palm Beach County, Broward County, Martin County, and Throughout South Florida
After a DUI arrest or conviction, you may face the loss of your driving privileges, which can become permanent in certain circumstances. Contact BD Law today for an initial case review to discuss your legal options for protecting your driver’s license.
License Suspension/Revocation Rules in DUI Cases
After a DUI conviction, a defendant must serve a period of driver’s license revocation. The duration of a license revocation will depend on factors such as the number of prior DUI convictions a defendant has, when their last conviction occurred, and whether they committed an aggravated DUI offense involving injuries or fatalities.
Revocation periods for DUI convictions include:
- First offense: 180 to 365 days
- Second offense: 180 to 365 days
- Third offense: 180 to 365 days
- Third offense within ten years of a prior conviction: Minimum ten-year license suspension, with hardship reinstatement available after two offense-free years following release from incarceration
- Fourth or subsequent offense: Mandatory permanent revocation, with hardship reinstatement available after five offense-free years following release from incarceration
- Offense involving injuries: Minimum three-year suspension
- DUI manslaughter/vehicular homicide: Mandatory permanent license revocation, with hardship reinstatement available after five offense-free years following release from incarceration
Commercial drivers who get arrested for DUI while operating a commercial vehicle face harsher suspension rules, including:
- One-year disqualification from operating a commercial vehicle following a DUI conviction, refusal to submit to chemical testing, or possessing a controlled substance in a commercial vehicle
- Permanent disqualification from operating a commercial vehicle following a second or subsequent offense
Florida’s Implied Consent Law may result in a driver’s license suspension, even when a driver avoids a DUI conviction. Under the implied consent law, every motorist who accepts the privilege of driving on Florida’s roads is deemed to have consented to submit to a chemical test for alcohol or drugs when lawfully requested by a police officer following a DUI arrest. Any driver who refuses a lawful request to submit to chemical testing may face a one-year driver’s license suspension. This suspension period increases to 18 months if a driver has served a prior suspension for refusing a chemical test. Drivers must serve suspensions for chemical test refusals in addition to any other penalties imposed.
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Seeking Hardship Restoration After a License Revocation
Drivers serving a suspension or revocation for a DUI or chemical test refusal can petition for a hardship reinstatement of their driving privileges, which may permit a driver to operate a vehicle for employment or business purposes. Prerequisites to applying for a hardship restoration after a driver’s license suspension or revocation include:
- First refusal of a chemical test: Serve 90 days of suspension and enroll in DUI school (no reinstatement for a second or subsequent refusal of chemical testing; drivers must serve the full 18-month suspension)
- Suspension for driving under 21 with a BAC of 0.02 or more: Serve 30 days of suspension and complete a Traffic Law and Substance Abuse Education Course
- Suspension for driving under 21 with a BAC of 0.02 or more: Serve 30 days of suspension and complete DUI school
- First DUI conviction: Serve 30 days of revocation, complete DUI school, and, for drivers who had a BAC of 0.15 or more, install an ignition interlock device for six months
- Second DUI conviction within five years of a prior DUI: Serve one year of revocation, complete DUI school, remain in the DUI supervision program for the remainder of the revocation period and, for drivers who had a BAC of 0.15 or more, install an ignition interlock device for two years
- Third DUI conviction within ten years of a prior DUI: Serve two years of revocation, complete DUI school, remain in the DUI supervision program for the remainder of the revocation period and install an ignition interlock device for two years
- Permanent revocation for a fourth or subsequent conviction or DUI manslaughter: Serve five year of revocation, complete DUI school, remain in the DUI supervision program for the remainder of the revocation period, and install an ignition interlock device for two years (DUI manslaughter offenders who have a prior DUI-related conviction may not seek hardship restoration)
Contact a DUI Loss of License Attorney in West Palm Beach, FL, to Discuss Your Legal Options
When facing a suspension/revocation of your driver’s license following a DUI conviction or a refusal of a chemical test after a DUI arrest, you need experienced legal representation to protect your interests. Contact BD Law today for a confidential consultation with a DUI loss of license attorney in West Palm Beach, FL, to learn more about your rights during a DUI prosecution or administrative suspension proceedings.