What to Expect at a DHSMV Hearing
In Florida, driving privileges are handled by the Department of Highway Safety and Motor Vehicles (DHSMV).
Upon a DUI arrest, you are faced with not only criminal penalties, but administrative penalties as well.
For example, a DUI conviction can go on your criminal record and you may face criminal fines and possibly even jail time, but a DUI arrest (not conviction) can warrant a license suspension.
Upon being arrested, you have ten days in which you can request a DHSMV hearing according to Florida Statutes § 322.
2615.
At this hearing, you can contest the validity of your arrest and argue your case to restore your license.
What can you expect at a DHSMV hearing? First of all, your case will be assigned to an employee of the DHSMV.
Unlike other types of cases, the officer that arrested you will likely not show up for your hearing.
There are also no witnesses required, but the individual alleged of the DUI may bring an attorney to this hearing in order to have a stronger defense against the evidence.
The DHSMV employee will evaluate all the evidence surrounding the DUI arrest.
This evidence will have been previously submitted to the department.
Although you only have ten days in which you can request this type of hearing, the DHSMV may not have an appointment scheduled for you until after this ten day period.
This will in no way affect your eligibility to argue your license suspension with the DHSMV, provided that you submitted a request within the ten day period after your arrest.
Once the DHSMV employee has evaluated all of the evidence, they are required to submit their decision to the individual within 21 days.
Depending on the nature of your DUI, license suspension periods will vary.
The more serious the DUI, the more difficult it may be to convince the DHSMV to restore your driving privileges.
In some cases, even if you cannot get your regular driving privileges restored, you may be eligible for a hardship reinstatement.
Only those who present legitimate reasons for a hardship reinstatement will qualify.
This type of license might allow an individual to drive to particular areas and only during restricted hours of the day.
To learn more about hardship licenses, DHSMV hearings and criminal defense representation, speak with a defense attorney near you.
You may have an attorney present at your DHSMV hearing in order to provide guidance and combat any evidence that has been submitted to the DHSMV.
Upon a DUI arrest, you are faced with not only criminal penalties, but administrative penalties as well.
For example, a DUI conviction can go on your criminal record and you may face criminal fines and possibly even jail time, but a DUI arrest (not conviction) can warrant a license suspension.
Upon being arrested, you have ten days in which you can request a DHSMV hearing according to Florida Statutes § 322.
2615.
At this hearing, you can contest the validity of your arrest and argue your case to restore your license.
What can you expect at a DHSMV hearing? First of all, your case will be assigned to an employee of the DHSMV.
Unlike other types of cases, the officer that arrested you will likely not show up for your hearing.
There are also no witnesses required, but the individual alleged of the DUI may bring an attorney to this hearing in order to have a stronger defense against the evidence.
The DHSMV employee will evaluate all the evidence surrounding the DUI arrest.
This evidence will have been previously submitted to the department.
Although you only have ten days in which you can request this type of hearing, the DHSMV may not have an appointment scheduled for you until after this ten day period.
This will in no way affect your eligibility to argue your license suspension with the DHSMV, provided that you submitted a request within the ten day period after your arrest.
Once the DHSMV employee has evaluated all of the evidence, they are required to submit their decision to the individual within 21 days.
Depending on the nature of your DUI, license suspension periods will vary.
The more serious the DUI, the more difficult it may be to convince the DHSMV to restore your driving privileges.
In some cases, even if you cannot get your regular driving privileges restored, you may be eligible for a hardship reinstatement.
Only those who present legitimate reasons for a hardship reinstatement will qualify.
This type of license might allow an individual to drive to particular areas and only during restricted hours of the day.
To learn more about hardship licenses, DHSMV hearings and criminal defense representation, speak with a defense attorney near you.
You may have an attorney present at your DHSMV hearing in order to provide guidance and combat any evidence that has been submitted to the DHSMV.