Orlando DUI Driver License Hearing
The DUI Lawyers at Tilden Law are dedicated to achieving results for every client. Our focus in every DUI case is to evaluate the individual facts, identify weaknesses in the Prosecution’s case and work towards a dismissal or reduction of charge and reinstatement of our client’s driver license. Please see our DUI and Driver License Case Wins sections for specific case results.
Ten (10) Day Rule – Administrative Drivers License Suspension
There are only 10 days from the date of arrest to request a hearing to get your driver license back. Our office makes this request on behalf of its clients! If you submitted to the breath test after arrest and your blood-alcohol level registered .08% or higher or if you refused to take the test after being arrested for DUI, your driver’s license will be administratively suspended (an administrative suspension is separate and apart from a Judicial Suspension.)
How Long Will My Driver License be Suspended?
The length of this administrative suspension is as follows:
First time DUI with Blood Alcohol level greater than .08% – 6-month driver license suspension (hard time suspension of 30 days).
First time DUI with refusal of breath test – 1-year suspension (hard time suspension of 90 days)
Second time DUI with second refusal of breath test – 18-month suspension (90 day hard time suspension)
How Do I Get A Hardship Driver License?
In order to qualify for a Hardship driver license or Business Purposes/Employment Purposes Only Reinstatements, the following must be completed:
- First Conviction: Must complete DUI School, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15 or higher, or for two years if BAL is greater than .15.
- Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/2003.
- Second Conviction Within 5 Years (5-Year Revocation): May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
- Third Conviction Within 10 Years (10-Year Revocation): May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
- DUI Manslaughter With No Prior DUI Related Conviction (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: 1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; 2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; 3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and 4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). 5. Ignition interlock device required for two years.
- Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.
How Can Tilden Law Help you?
If your driver’s license has been suspended due to a DUI, the DUI Attorneys at Tilden Law can help you through the process of petitioning for a hardship license.
Our firm petitions the driver’s license department (DHSMV) for a Formal Review Hearing on behalf of all DUI clients at no additional cost. This hearing must be requested within 10 days from the date of your arrest. Our firm will also request that a temporary driver’s license be issued on your behalf. The DUI citation (ticket) itself will act as your valid full driver license, assuming your license was valid at the time of arrest, for 10 days from the date of your arrest.
Our firm also petitions for a “hardship license” for its clients charged with DUI. Generally, a hardship license will entitle the driver to drive for work, education, religious and educational purposes. This permit will typically be valid from the date the original 10-day permit expires and last for an additional 45 days to allow the department to render a decision on your hearing.
If our firm is successful in overturning your driver license suspension, your full license will be reinstated and you may obtain a duplicate at no cost to you. When petitioning for a client’s license to be reinstated, our firm focuses on numerous areas including:
- Did the officer properly sign the arrest report and have his signature notarized
- Is there adequate information in the arrest report, i.e. completeness
- Does the report indicate a valid reason to stop the vehicle
- Does the report indicate sufficient signs of impairment to allow a arrest
- Is the breath test result reported properly
- If there was a refusal, were proper procedures followed by the officer
- If there was an accident, were proper procedures followed by the officer
- Were any statements you made obtained illegally
DUI cases and Administrative driver license hearings, regardless of level, should never be handled by general criminal practice attorneys. It takes years of specialized DUI training and Administrative hearing practice to properly represent the rights of a client arrested for DUI and facing a driver license suspension. Attorney N. Fleetwood Tilden is in his 15th year of criminal DUI practice and is a former Central Florida DUI Prosecutor and has handled over 1,000 criminal DUI cases.
Please Contact Orlando DUI defense firm Tilden Law for a free case evaluation to see how we can help get your driver license reinstated and you back on the road.