DUI and Florida DMV's Administrative Suspension
You have been arrested for a DUI - your license is automatically suspended by DMV. What can you do to get your drivers license back?
The Department of Highway Safety and Motor Vehicles' FORMAL REVIEW HEARING
Upon arrest, regardless of the results of your field sobriety exercises and/or your breath test results, the Department of Highway Safety and Motor Vehicles [DHSMV] suspends your license. The result of this is that you may be acquitted of the charge of DUI but still have had your license suspended simply based on the DUI arrest.
This can be amazingly frustrating to the average person who believes that, in the United States, you are innocent until proven guilty. Unfortunately, when it relates to a DUI the truth is that your "privilege to drive" is not going to go unscathed if law enforcement believes you have mixed alcohol with a 1.5 ton motor vehicle. Simply put, the State of Florida will not tolerate even the hint of driving drunk.
A better way to describe the "acquittal equals suspension" effect is like this. Driving a motor vehicle is a "privilege" not a Right. This privilege is issued by the State of Florida upon a showing of competency at a DHSMV office, usually resulting in the issuance of a drivers license. Florida reserves the ability to withdraw your "privilege" to drive a motor vehicle. These reservations are spelled out in Chapters 316, 318, 320, 322 of the Florida Statutes.
DUE PROCESS and the Formal Review Hearing
There is only one way to try and get your license back from a DHSMV suspension - you or your attorney must request a hearing with the DHSMV within 10 days of your arrest. Below are listed the addresses and phone numbers of the DHSMV offices statewide that you can contact regarding setting up a hearing (if you have hired an attorney let him or her set the hearing):
| Clearwater | 4585 140th Ave. N., Ste 1002, 33762 | (727) 507-4404 |
| Daytona Beach | 995 Orange Avenue, 32114-4663 | (386) 254-3911/12 |
| Ft. Myers | 4048 Evans Avenue, Suite 305, 33901 | (239) 278-7421 |
| Ft. Pierce | 3220 S. Federal Hwy., Ste. 8, 34982-8105 | (561) 460-3658 |
| Gainesville | 2815 N.W. 13th Street, Suite 302, 32609 | (352) 955-2030 |
| Jacksonville | 7439 Wilson Blvd., Rm. 9, 32210-3597 | (904) 777-2131 |
| Lake Worth | 6801 Lake Worth Rd., Ste. 230, 33467 | (561) 433-3636 |
| Lauderdale Lakes | 3708 W. Oakland Park Blvd., 33311-5802 | (954) 714-3551 |
| Miami | 2515 W. Flagler St., 33135-1422 | (305) 643-7568 |
| Melbourne | 2325 S. Babcock Street, 32901-7121 | (321)984-4910 |
| Panama City | 237 W. 15th Street (Lincoln Center), 32404-6794 | (850) 872-7747 |
| Pensacola | 7282 Plantation Rd., Ste. 406, 32504 | (850) 494-5838 |
| Tallahassee | 504-A Capital Circle SE, 32301-3817 | (850) 487-2788 |
| Tampa | 2814 E. Hillsborough Ave., 33610-4479 | (813) 276-5772 |
| Orlando (formerly Winter Park) | 4101 Clarcona Ocoee Road, Suite 152, 32810 | (407) 623-1100/01 |
| Winter Springs | 290 East State Road 434, 32708 | (407) 327-6678 |
Immediately after your arrest you should seek a qualified attorney to represent you in your DUI case. Most DUI lawyers, including me, will include representation at the formal review hearing as part of their legal fee.
After a hearing has been requested we suggest to all our clients that they attend and complete the DUI Counter-Attack Class and the Victim Awareness Panel/Program. There are several reasons for taking these classes but the main reason is that it will speed the return of your driving privilege.
If the administrative suspension is upheld you will be required to complete these courses prior to having your license reissued. If you are found guilty of a DUI or an amended charge odds are that you will be court ordered to complete these classes. Hopefully we will win at both and the classes would be the worst thing that you had to do. Regardless, taking the classes early always helps. For more information on these classes click here DUI Self Help.
DUI Schools for the "Counter-Attack" class and Victim Awareness Panel
Below is an incomplete list of places that provide this class. This Office does not endorse any particular driving school and suggests that you check around for the most convenient and least expensive school. The below list is given only for your convenience:
Central Florida Safety Council
(DUI Counterattack Program)
-
Dade County
Advocate Program, Inc.
1515 N. W. 7th Street, Suite #112, Miami, Florida 33125
(305) 649-8422 -
Brevard County
Central Florida Safety Council
885 S. Babcock, Melbourne, FL 32901
(321) 952-5327
888 S. U.S. 1, Rockledge, FL 32955
(321) 631-2347
605 S. Palm Avenue, Suite B, Titusville, FL 32780
(321) 268-4441 -
Broward County Commission on Alcoholism, Inc.
624 S.W. 1st Avenue, Ft. Lauderdale, FL 33301
(954) 763-4505 -
Orange County
Central Florida Safety Council
427 North Primrose Drive, Orlando, FL 32803
(407) 896-1894
(407) 897-4450
(407) 897-4422
fax (407) 897-4471 or 895-2650 -
Osceola County
800 Office Plaza Blvd., Ste. 404, Kissimmee, FL 34744
(407) 846-2555 -
Seminole County
851 E. SR 43, Ste. 186, Longwood, FL 32750
(407) 831-7200
If you do not live near any of the above listed schools check the listings under your local Yellow Pages under "Driving Schools." Make sure it is state licensed and the class is accepted by the court.
TO ENROLL you'll need the following required documentation:
1. Driver's License number and driving record.
2. Arrest Affidavit (Arrest Report or Crash Report)
3. Citation (Ticket)
4. BAC Level (Breath/Blood Alcohol Level) - may be found on
arrest affidavit.
5. Court Case Number, if case is pending - Court Disposition
Order if convicted.
Registration takes between 2-3 hours and tuition fees are due at registration.
Non-United States Citizens and Drunk Driving
Non-United States Citizens have additional requirements in order to obtain a Florida driver's license after a DUI. Non-United States citizens must present the following valid documents:
- Alien registration receipt card (I-151, I-155), or
- Employment authorization card (I-688B, I-766), or
- Proof of non-immigrant classification (I-94) and passport,
if required, and
One acceptable form of secondary identification
Non-United States citizens applying for a driver license will receive a 30-day temporary permit and a receipt. Non-United States citizens applying for an ID card will receive a receipt. After document validation is performed, a driver license or ID card will be mailed within 30 days.
Canadian Citizens and Drunk Driving
Canadian citizens without INS documents must present two of the following valid documents:
- Canadian passport
- Canadian driver license
- Canadian birth certificate (original or certified copy)
Canadian citizens applying for a driver license will receive a 30-day temporary permit and a receipt. Canadian citizens applying for an ID card will receive a receipt. After document validation is performed, a driver license or ID card will be mailed within 30 days.
