Important Changes to Florida’s DUI Statutes Could Affect You
If you have been charged with DUI at any time before July 1st this year, then you would have been given 10 days to decide whether you wish to fight the driver license suspension, which is normally imposed after you are charged. You could have requested a formal or informal hearing to have the suspension dismissed, or ask for a review hearing to request a “hardship” license to help you get to work or college and back. Unless you won the suspension review you would have faced a “hard suspension” of thirty days from the time you were charged or longer if you had refused to take a blood alcohol test when asked to do so after you had been arrested for DUI. The period of hard suspension was also greater if you refused a blood alcohol test.
Hardship License Now Much Easier to Get
The new statutes, which are now in effect, allow any person charged with DUI for the first time to get a hardship license for the period of the suspension. This is now the case even if you refused to take a blood alcohol test, typically a breathalyzer. This seems to be a welcome step for anybody who has been charged with DUI and a relief for many as the use of the car is very important for most of us. However, if you do choose to accept a hardship license you should be aware that you will lose the right to a formal hearing and the chance to fight a suspension.
In some circumstances, your DUI attorney may be able to obtain evidence within the first 10 days which will allow them to successfully fight the full suspension on your behalf. The choice whether to take advantage of the new law is an important one and should be discussed with your DUI attorney, but in many cases, it will probably be the best option.
New Law Only Affects Your License: You May Still Fight Your DUI Charge Separately
Note that the new law only affects the “administrative” side of the DUI charge. This is to do with your use of your driving license only. It has nothing directly to do with the criminal charge of DUI, which will be dealt with separately. Up to now, even if your DUI attorney advised you that it was in your interest to fight your DUI charge, you would have still had to forfeit your license for the full 30 days.
One other potential advantage of the new law is that it will allow you more choice when it comes to making a decision about taking a blood alcohol test. If you choose not to blow, then you can still get the hardship license and keep the keys of your car for the most important reasons.
Florida DUI Changes Only Affect First Time Offenders
The new law only applies to first time offenders. Any previous conviction for DUI in Florida, or any other state for that matter, will mean that the chance to get a hardship license without having to have the “hard suspension” period will not be available. Also note that if you refuse to take a blood alcohol test for a second time, then this will be regarded as a criminal offense (a misdemeanor) in its own right and will be extra to any DUI charge.
If you have just been charged with DUI in Tampa, or anywhere else in Florida, this new law does give you greater choice over what you decide to do about your alleged offense. You should contact an experienced Tampa DUI attorney as soon as possible to discuss your DUI arrest and how the changes in Florida’s Dui laws affect you.
Call the Law Firm of Finebloom & Haenel at 888-749-1717 for professional, effective and aggressive legal representation in all DUI cases.
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