Miami, FL Administrative License Suspensions | Miami DUI License Revocation Attorney | Miami DUI Administrative License Suspension Defense Lawyer
What is the Florida Implied Consent Law?
In order to be a licensed driver in the state of Florida, every individual is required to sign a contract that gives their implied consent to submit to chemical testing if the individual is lawfully arrested for a suspected DUI violation. Under the Florida Implied Consent Law, an individual who refuses to submit to chemical testing has violated the terms of their Florida Driving Agreement and can be charged with an Implied Consent Violation in addition to the original DUI offense. Refusing to submit to chemical testing will result in the automatic suspension of your driver's license, and can be used as evidence against you in your Miami DUI criminal trial.
What types of chemical testing can the Miami law enforcement officer attempt to administer if I am suspected of a DUI violation?
The Florida Implied Consent Law allows the arresting officer to conduct the following types of chemical testing if you have been arrested for suspected Driving Under the Influence:
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Breath Test. The most common method used to test individuals suspected of a DUI violation. The Florida Department of Law Enforcement mandates the use of the Intoxilyzer 8000.
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Urine Test. Requested by law enforcement generally if an individual is suspected of driving under the influence of drugs or a combination of drugs and alcohol.
- Blood Test. A blood test must be collected by a physician, registered nurse, or other medical technician authorized to draw blood.Forceful Blood Withdrawal for Individuals suspected of a DUI violation involving the serious bodily injury or death of another individual. A blood test can be collected at one of these Miami Hospitals:
How will I know if my Florida Driver's License is going to be suspended after my Miami DUI arrest?
If at the time of you arrest you either refused to submit to chemical testing or submitted to chemical testing and the results revealed a Blood Alcohol Concentration of 0.08% or higher, then you will be facing an Administrative License Suspension. At the time you are released from a Miami-Dade County jail, your Florida Driver's License will be revoked and you will be issued a Florida DUI Uniform Traffic Citation, also known as a HSMV 75904 from the arresting officer. The Florida DUI Uniform Traffic Citation will inform you of the reason your license will be suspended and act as a Temporary Driving Permit for 10 days. After the expiration of 10 days, if you have not requested a Formal Administrative License Hearing from the Florida Department of Highway Safety and Motor Vehicles then your driver's license will be automatically suspended.
What is an Administrative License Hearing and how much time do I have to challenge the suspension of my Florida driver's license?
A Formal Administrative License Hearing is conducted by the Florida Department of Highway Safety of Motor Vehicles to review the suspension of your driver's license after a DUI arrest. After your Miami DUI arrest, you will have only 10 days to request a Miami DUI License Suspension Hearing and pay the mandatory $25.00 filing fee. Typically, a Miami DUI License Suspension will occur within 30 days after your Miami DUI Defense lawyer files an Application for Formal Review or Informal Review of Driver License Suspension/Disqualification, or a HSMV Form 78065.
The Formal Administrative License Hearing is a key component to preparing a successful DUI defense, and a timely request will afford you and your Miami DUI attorney several advantages including:
- A chance to challenge the law enforcement officer's theory of probable cause to believe the individual was committing DUI,
- A chance to challenge the officer's reading of the Florida Implied Consent warnings before you refused to submit to chemical testing.
- A chance to subpeona the arresting officer and obtain a formal record of his testimony, which can later be used in your Miami DUI criminal trial,
- An extended temporary driving permit for up to 42 days,
- A chance to subpoena other witnesses who were present at the time of the DUI arrest, and
- A chance to challenge the accuracy of chemical testing.
There is no downside in attempting to fight the Administrative Suspension of your driver's license after a Miami DUI arrest. Call a Miami DUI attorney immediately if you have been arrested to learn more about requesting a Miami DUI License Suspension Hearing.
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Miami Bureau of Administrative License Suspension Review Office 7795 West Flagler Street, Suite 82C Miami, FL 33144 (305) 265-3001 |
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How long will my driver's license be suspended if I refused to submit to chemical testing after my Miami-Dade County, FL DUI arrest?
| Conviction Under Florida DUI Law 316.193 | Refusal to Submit to Chemical Testing Under Florida Implied Consent Law 316.1932 | |
| Miami DUI First Offense | Minimum 180 days revocation, maximum 1 year. | 1 year suspension, 90 days hard suspension before applying for hardship license. |
| Miami DUI Second Offense | Minimum 180 days revocation, maximum 1 year. | 18 month suspension. No hardship license. |
| Miami DUI Second Offense Within 5 Years of Previous DUI Offense | Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. | 1 year if this is your first refusal. 18 months if you have previously refused. |
| Miami DUI Third Offense Not Within 10 Years of Previous DUI | Minimum of 180 days, maximum 1 year. If 2 of the DUI's occurred within 5 years, minimum of 5 year revocation. No hardship license will be available. | 1 year if this is your first refusal. 18 months if you have previously refused. |
| Miami DUI Third Offense Within 10 Years of Previous DUI | Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years. | 1 year if this is your first refusal. 18 months if you have previously refused. |
| Miami DUI Fourth Offense or Subsequent Offense | Mandatory Permanent Revocation. | 1 year if this is your first refusal. 18 months if you have previously refused. |
How will I get my license reinstated after an Implied Consent Violation or Miami DUI conviction?
If you have had your Florida Driver's License suspended after a DUI arrest, at the end of the suspension period or end of the hardship license, you will be required to reinstate your driver's license in order to get your full driving restored. Generally, you will need to meet the following requirements to have your license reinstated:
- Proof of Enrollment or Completion of DUI School
- Proof of FR 44 Insurance or DUI High Risk Insurance
- Take the Florida Driving Exam
- Pay a $130.00 Administrative Fee
- Pay a $75.00 Revocation Fee if convicted of a DUI OR a $45.00 Suspension Fee if BAC is 0.08% or higher or you refused to submit to chemical testing.
- Pay any additional license fees
If you live in the Miami Area and need to get your driver's license reinstated, you can go to one of the following Florida Driver License and Motor Vehicle Service Centers:
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Miami Driver License and Motor Vehicle Service Centers 11735 SW 147th Avenue Suite 23 Miami, FL 33196 (305) 229-6333 |
Miami Driver License and Motor Vehicle Service Centers 21427 NW 2nd Avenue Miami, Fl 33169 (305) 229-6333 |
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Miami Driver License and Motor Vehicle Service Centers 7900 NW 27 Avenue, Suite E14 Miami, FL 33147 (305) 229-6333 |
Miami Driver License and Motor Vehicle Service Centers 14653 SW 122 Avenue Miami, FL 33186 (305) 229-6333 |
To see a complete listing of Florida Department of Highway Safety and Motor Vehicle Office Locations, click here.
If I enter the Miami DUI Back on Track program, will my Florida driver's license still be suspended?
Yes, even if you accept a plea agreement that allows you to eventually have a reckless driving charge on your driving record rather than a Driving Under the Influence charge. Despite the fact that you will not be convicted of a DUI offense, you will still face the same administrative penalties that are imposed under the Florida License Susension Statute. To learn more about the DUI Back on Track Program eligibility requirements, please visit Miami DUI Pre-Trial Defense Lawyers.
Where can I enroll in a Miami DUI School?
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Metro Traffic School Dade County 7500 N.W. 25th Street, Suite 240 Miami, FL 33122 Phone: (305) 513-0063 Fax: (305) 513-0499 |
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Miami DUI Ignition Interlock Devices - Miami DUI Court-Ordered Ignition Interlock - Miami License Reinstatement Defense Lawyer
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Interlock Systems of Florida 13208 SW 131st Street Miami, FL 33186 (305) 378-0007 |
CARQUEST Auto Parts 21443 NW 2nd Avenue Miami, FL 33169 (305) 654-6063 |
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Advance Auto Parts - 9375 5355 NW 27th Avenue Miami, FL 33142 (305) 634-7101 |
Seat Savers Plus Inc 12105 SW 129th Court Miami, FL 33186 (305) 256-2986 |
Miami DUI License Defense Lawyers are here to help you fight the automatic suspension of your Florida Driving privileges. Time is a critical factor in saving your right to drive in Miami. Call NOW to learn more!
If the stress of your pending DUI case is getting to you, try clearing your head the healthy way with exercise or yoga. Yoga classes are available in your area at the following locations:
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Yoga Institute Of Miami 8241 SW 124th Street Miami, FL 33156 (305) 969-5999 |
Prenatal Plus Yoga 401 Miracle Mile Miami, FL 33134 (305) 279-1322 |
Palmetto Bay Yoga 13847 S Dixie Highway Miami, FL 33176 (305) 253-6978 |
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Corpo Yoga Studio 9030 SW 72nd Court Miami, FL 33156 (305) 670-2010 |
Soaring Eagle Yoga 7495 SW 55th Avenue Miami, FL 33143 (305) 662-9642 |
Lululemon Athletica 19501 Biscayne Boulevard Miami, FL 33180 (305) 466-7294 |
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Source Studio Inc 155 S Miami Avenue Miami, FL 33130 (305) 443-1330 |
Samadhi Corp 11274 SW 156th Plaza Miami, FL 33196 (305) 388-6433 |
Sundari Foundation Inc 217 NW 15th Street Miami, FL 33136 (305) 576-4780 |
Miami DUI Lawyers represent the entirety of Miami-Dade County, including the following communities: Kings Bay (King's Bay), East Little Havana, Downtown Business District (Downtown), Aventura Town Center (Downtown), Lincoln Heights, Cakegrove, Lummus Park (Lummus Park Historic District), Little Haiti (Lemon City), Lower Brickell, Bryan Park, Ludlum, Bayside (Bayside Historic Distric), Hadley Park, Biscayne Gardens, Coral Gate Design District, Buena Vista East (Buena Vista East Historic District), Liberty City, Kumquat Village, Biscayne South, Glenwood Heights, Hospital District, Club Row Keystone Islands, Cambridge Lawns Historic District (Historic District), Coconut Grove Park (North Park), Allapattah, Little Havana, Brickell Key, Cambridge Lawns East Coconut Grove (North Coconut Grove), Coconut Grove (Coco Grove), Little River, Downtown Coral Gables (Downtown), City Center, Buena Vista West, Flagami Gables Estates, Hometown, Belle Meade, Edgewater (Wynwood), Floral Park, Coral Way, Highland Lakes, Camp Biscayne, Bay Point (Bay Point Estates), Beverly Terrace (Beverly Terrace Historic District), Downtown Miami (Downtown), Downtown, Highland Village, Allen Park, and more!
If you do not reside in Miami-Dade County or are not a resident of Florida, you will have to return to Miami in order to attend the Formal DUI Administrative License Hearing. Contact one of these Miami area hotels if you need a place to stay:
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Sonesta Bayfront Hotel 2889 McFarlane Road Miami, FL 33133 (305) 529-282 |
Comfort Suites Miami 3901 SW 117th Avenue Miami, FL 33175 (305) 220-3901 |
La Quinta Inn & Suites Miami 3501 NW 42nd Avenue Miami, FL 33142 (866) 670-5933 |
Comfort Suites 3901 SW 117th Avenue Miami, FL 33175 (866) 611-6582 |
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DoubleTree by Hilton 711 NW 72nd Avenue Miami, FL 33126 (866) 402-7245 |
Crowne Plaza Miami International Airport 950 NW 42nd Avenue Miami, FL 33126 (877) 270-1412 |
Rodeway Inn Miami Airport 1050 NW 14th Street Miami, FL 33136 (866) 611-6774 |
La Fuente Hotel 7470 SW 8th Street Miami, FL 33144 (305) 266-0070 |
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Shamrock Rentals of South Florida 12615 SW 91st Street Miami, FL 33186 (305) 598-5800 |
Hotel Indigo Miami Dadeland 7600 N Kendall Drive Miami, FL 33156 (877) 270-1410 |
Hampton Inn & Suites Miami 11600 NW 41st Street Miami, FL 33178 (305) 500-9300 |
Executive Tropic Garden Hotel 6925 SW 8th Street Miami, FL 33144 (305) 267-4490 |
Miami-Dade County, FL DUI License Suspension Lawyers will challenge the suspension of your Florida driver's license.
Serving clients throughout Southeastern Florida, including Boca Raton, Carol City, Cooper City, Coral Gables, Coral Springs, Corral Terrace, Country Club, Cutler Bay, Dania, Davie, Deerfield Beach, Doral, Fort Lauderdale, Fountainbleau, Hallandale Beach, Hialeah, Hialeah Gardens, Hollywood, Homestead, Homestead AFB, Kendal, Lauderhill, Margate, Melrose Park, Miami, Miami Beach, Miami Lakes, Miramar, North Miami, Oakland Park, Palmetto Bay, Pembroke Pines, Plantation, Richmond West,Sunrise, West Little River, areas in the vicinity of Miami International Airport, and other communities in Miami-Dade County.