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Florida Administrative Driver's License Suspension

The Administrative Driver’s License Suspension for a test result over .08 is 45 days for a first offense and 90 days for a second or subsequent offense. The suspension for a refusal is 120 days for a first offense and one year for a second or subsequent offense. In some conditions drivers may be able to keep away from a complete suspension if they are willing to mount an interlock device in their vehicle for at least one year.

The first thing that someone arrested for drunk driving in Florida needs to do (except right away schedule a consultation with a lawyer) is, WITHIN 10 DAYS OF ARREST, to request a hearing with the Office of Administrative Hearings in Florida. If there is a breath or blood test with a result of .08 or more, or the person is claimed to have declined the test, then the arresting officer possibly took the driver's license and sent a 45 day temporary driver's license. The temporary license is a white piece of paper that is attached to an almost identical piece of white paper.

The second page is the hearing request copy and is mailed to the Office of Administrative Hearings certified, return receipt requested AT ONCE. (Don't forget to include a check for $15 made payable to the Florida State Treasurer.) If the hearing request is postmarked more than 10 days after arrest the pertinent Administrative Driver’s License Suspension may start to run if the hearing is scheduled more than 45 days after arrest. If the hearing request is postmarked more than 30 days after arrest, you probably can't get a hearing!

The hearings are held before administrative law judges at MVA branch offices. The hearing at the Office of Administrative Hearings, where the driver can lose his or her driver's license or privilege is completely independent of the hearing at court where the possible sanctions can include jail, fine, probation, and imposition of points, for which the driver may have his or her license revoked or suspended again, after the DWI/DUI is heard in court.

At the hearing that happens after conviction for DWI or DUI, the Administrative Law Judge (ALJ) has prudence to change a Administrative Driver’s License Suspension to allow driving for employment and alcohol education and treatment associated purposes. The ALJ may also in appropriate cases place an alcohol limit on the driver's license, making it illegal to drive with a BAC of .02 or more, may order the driver to install and keep an interlock device, and may refer an person to the Medical Advisory Board (MAB) of the MVA for evaluation and supervision.

The MAB is made up of medical doctors who serve in advisory capacity to the MVA and go over medical and treatment records of people with medical problems that can affect their ability to drive safely, including alcoholism. The MAB's recommendations are generally rubber stamped by the MVA and can include imposition of most conditions on the driver's license, including supervision by the Drinking Driver Monitor Program, attendance at Alcoholics Anonymous, attendance at an approved alcohol treatment program, and/or imposition of an alcohol limit, a work limit, and/or an interlock limit on the driver's license.

Florida is also a member state of the license compact, and on receipt of a conviction from another state will start Administrative Driver’s License Suspension or revocation proceedings like the offense had occurred in Florida.




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