FIRST FLORIDA DUI (NO PRIOR DUI ARRESTS ON YOUR RECORD)
Steps to take to re-obtain Driver’s License after a FIRST TIME DUI ARREST:
You were charged with a First Time DUI. Here is what you need to know IMMEDIATELY. CALL 407.504.1384 to talk to DUI Defense Attorney Heiko Moenckmeier to Discuss your case NOW. Free Initial Consultation!
Option 1: The DMV Waiver.
Option 2: The Formal Review Hearing.
For great DUI Stop Suppression cases and 2nd or more DUIs. Challenging the Administrative Suspension:
- 1) You MUST apply for a formal review hearing challenging the DUI within TEN days. (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 challenges the Constitutionality of the Stop and whether the driver was impaired beyond their normal faculties, and whether the paperwork was properly filled out. CALL 407.504.1384 to talk to an experienced DUI Defense Attorney to Discuss your
- 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 varies from $260+ and up. 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 ($260.00+) and you will be required to RE-ENROLL in the class AND PAY AN ADDITIONAL FEE IN FULL. Furthermore, it will 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. 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 an inexpensive deposition of the arresting officers. You will have to pay $25.00 for the application for hearing, and $30-50.00 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 maximums start at 180 days in jail for a first time vanilla DUI, 12 months supervised probation, counseling, drug testing, 50 hours community service, a minimum $500.00 fine, a 10 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 1-4 hours long, 6-24 months of an interlock device (you blow into it and pay a large amount of money for it) depending on whether you blew over a .15, or had a child in the car, or a 2nd DUI, court costs, fines, and cost of prosecution.
BUT I CAN HELP YOU. THIS IS A TRUE DUI LAW FIRM. ASK ABOUT OUR DUI TRIALS, ASK ABOUT OUR SUCCESSFUL RESULTS. ASK OTHER ATTORNEYS TOO, WE GUARANTEE YOU’LL LIKE US BETTER.
Call 407.504.1384 or 407.883.6853 to talk directly to a DUI Defense Attorney to discuss your case now!!