Administrative Suspension and Disqualification
Stuart, Florida DUI Defense Attorney, David Kaplow, proudly serves Stuart, Florida, Martin County, and St. Lucie County by providing aggressive and experienced DUI criminal defense lawyer legal representation.
Call (772) 221-2100 to speak with Attorney, David Kaplow about your DUI Defense legal needs.
Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above:
Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.
- First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
- Second or Subsequent Suspensions 1 year.
- First Suspension for Refusal to Submit to Breath Test: 1 year.
- Second or Subsequent Suspensions for Refusal: 18 months.
- The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.:
- First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
- Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
- First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
- Second or Subsequent Suspensions for Refusal: 18 months.
- The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
Administrative Disqualification Law:
- First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification.
- driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification.
- First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification.
- Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
- Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification.
- The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.
Review Hearings For Administrative Suspensions And Disqualifications:
- Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.
Business or Employment Reinstatement:
- Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
- Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above:Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
Hardship License Prohibited:
- Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
- Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
As a law firm which provides professional DUI defense legal services, we are experienced, prepared, and well qualified to represent you in even the most difficult of legal challenges you may be facing. We are well versed in driving under the influence and criminal law and know how to apply the law to your specific legal needs and goals.
Call (772) 221-2100 to schedule a confidential legal consultation with DUI Criminal Defense Attorney, David Kaplow.
About David Kaplow
David Kaplow received his Bachelor of Arts degree from the State University of New York at Binghamton, his Master of Arts degree from the University of Chicago, and his Juris Doctor from Florida State University.
For over 20 years, David Kaplow has been practicing criminal defense law on the Treasure Coast. When he began his career as an Assistant Public Defender, David Kaplow successfully defended his clients with dedication and compassion. He was quickly promoted to handle major felony charges while serving as the head of the Misdemeanor Division in Martin County.
David Kaplow has helped thousands of clients charged with both misdemeanors and felonies. He also has extensive experience representing clients in jury trials on charges ranging from misdemeanor offenses such as DUI, domestic battery and retail theft, to more serious felonies like drug sales, aggravated battery, sexual offenses, attempted murder and murder.
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