Get Your License Back After DUI

A guide written to help folks who need their drivers license after being accused for DUI. Steps to take to obtain Driver’s License Post FLORIDA DUI Arrest: You were charged with DUI. Here is what you need to know IMMEDIATELY. CALL NOW – 407.504.1384 to talk to Kissimmee Volusia Seminole Orlando DUI Defense Lawyer Heiko Moenckmeier to Discuss your case. Free Initial Consultation. Option 1: The DMV Waiver. If you have a BAC above .08 or a refusal and it is your FIRST DUI, there are two options. Option 1 is the Waiver of Formal Review. The Waiver must be submitted to the Bureau of Administrative Reviews (the DMV) within ten (10) days from the date of the arrest. THE WAIVER ONLY WORKS FOR FIRST TIME DUI’s. You have to enroll in the Level I DUI School through the Florida Safety Council prior to the expiration of the 10 days. You need to bring proof of enrollment to the Bureau of Administrative Review. You also need to bring them money and all the documents you need to get a regular driver’s license. Then BOOM, you have a hardship license and you don’t have to suffer the standard 30 or 90 day hard suspension that has previously accompanied a DUI charge. CALL Heiko Moenckmeier at 407.504.1384 to talk to an experienced Central Florida DUI Defense Attorney to discuss your case, your liability and your defenses NOW. Attorney Moenckmeier has handled DUI’s throughout the State of Florida from Tallahassee to South Miami and can help you in your time of need. Option 2: The Formal Review Hearing. For great DUI Stop Suppression cases and 2nd or more DUIs, or if you want to challenge the Administrative Suspension. Challenging the Administrative Suspension: 1) You MUST apply for a formal review hearing challenging the DUI within TEN days- it will cost you $25.00 plus subpoenas and witness fees for the officers. (this will allow for an extra 30 day extension of driving privileges via a temporary driving permit issued by the Dept. of Motor Vehicles past the 10 days that the citation is active for driving purposes for a total of 40 days.) –> The driver MUST carry the Citation, and then MUST receive the 30 day temporary driving permit and carry that with them as it is the drivers license. –> The Bureau of Administrative Review Hearing is only to challenge the Constitutionality of the Stop and whether the driver was impaired beyond their normal faculties. CALL 407.504.1384 or 407.883.6853 to talk to an experienced DUI Defense Attorney to Discuss your case NOW. 2) The driver must enroll in the Florida Safety Council Level I Counter Attack School (CAS) (or Level II for 2nd+ offense DUI). In order to enroll you must bring the charging affidavit, the arrest affidavit, and the citation and your Florida ID card. This is a 2 or 3 part twelve (12) hour driving class. Its cost is $275.00+.  This class has a Drug & Alcohol Evaluation component that includes a drug & alcohol test. DO NOT DRINK THE NIGHT BEFORE, because if your BAC tests too high, then you will be expelled from the class and lose the money that you paid to enroll ($275.00+) and you will be required to RE-ENROLL in the class AND PAY AN ADDITIONAL FEE IN FULL. Furthermore, it will surely impact the number of counseling sessions you are required to attend (as mandated by the Department of Motor Vehicles.) 3) Take your Certificate of Enrollment to the Department of Motor Vehicles and present it to them once your 30 or 90 day hard suspension is over. (It follows the 40 day period of driving following the date of the DUI citation). The Certificate of Enrollment allows you to get a hardship driver’s license for the remainder of the six month or one year suspension. The Court may revoke the license for six months or more (on a first time DUI) as well, and at that point the driver must bring in the Certificate of Completion from the DUI Level I class, and proof of enrollment in counseling, and at that time, it is my understanding that the DMV will Re-Instate the driver’s license with no further sanctions, unless you were caught driving on a suspended license in the interim. This is subject to further review and is not set in stone. 4) The Formal (Administrative) Review Hearing. Your attorney will go to your Administrative Review Hearing and litigate your suspension- if you don’t hire an attorney- you will go. There are numerous legal and procedural challenges that we employ to try to get your license back. If successful, your suspension will be overturned. Administrative Review Hearings are also helpful as a free deposition of the arresting officers. You will have to pay $25.00 for the application for hearing, and about $50.00 per officer subpoena and service to the process server. You need an EXPERIENCED DUI attorney who knows how to litigate the formal review hearing. We have spent thousands of dollars to be up to date by taking continuing legal education classes taught by experts in the field of DUI and fighting to overturn DUI Suspensions. WE KNOW WHAT WE’RE DOING! 5) We will simultaneously litigate your criminal case, where penalties vary but maximum jail times start at 180 days in jail for a first time vanilla DUI, and a mandatory 12 months supervised probation, substance abuse evaluation and recommended counseling, random drug testing, 50 hours community service, a minimum $500.00 fine, a 10-30 day vehicle impound of your car, a 6 month driver’s license revocation or longer, a $260 DUI Class that’s 12 hours long, a Victims Awareness class that’s 4 hours long, 6-24 months of an interlock device (you blow into it and pay a load of money for it) depending on whether you blew over a .15, or had a child in the car or hit another car or other property, or a 2nd DUI, court costs, fines, and cost of prosecution. WE CAN HELP YOU!!! WE ARE A TRUE DUI LAW FIRM. ASK US ABOUT OUR DUI TRIALS, ASK US ABOUT OUR SUCCESSFUL RESULTS! ASK OTHER ATTORNEYS TOO, WE GUARANTEE YOU’LL LIKE US BETTER! CALL 407.504.1384 to talk directly to a DUI Defense Attorney to Discuss YOUR CASE STRATEGY.