DUI Roadmap
Your Driver’s License Time Line: |
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Arrest | OK to Drive Legally for the first ten days. See your citation. | 10 days | Must file for review with Florida Department of Motor Vehicles (DMV) before 10th day or suspension will be final! DMV will issue a restricted business purpose only license that will remain in effect until decision of DMV. | Approx. 30 days DMV Review Hearing | Result #1 – Suspension ruled unlawful - license is returned by DMV if successful at license review hearing – driving privilege restored. Result #2 – if breath result above 0.08 and the DMV rules that the license suspension was lawful, there will be a period of 30 days of no driving with the remaining five months of the suspension with a “hardship license.” Result #3 – if you refused the breath test or the giving of a sample of your urine and the DMV rules that the license suspension was lawful, there will be a period of 90 days of no driving with the remaining nine months of the suspension with a “hardship license.” | Court Proceedings Time Line: |
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Arrest | Case assigned to a Judge/awaiting for Court date. | Approx.
45 days Approx. 2 months Approx. every 4 weeks "Discovery" of case is ongoing Case Concludes | First Court date (arraignment) – entry of plea of not guilty – attorney may appear on behalf of client. State discloses “discovery” (all evidence – video tape, police reports, etc.). Calendar call/status conference with the Judge in Court. Depositions/case investigation Pre-Trial Motions to Dismiss or Exclude Evidence. Case resolved by dismissal, reduction of charge to reckless driving, trial, or negotiated resolution with State. |
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How long will my case take to be resolved?
The length or life of the case is determined by who the Judge is and the complexity of the case itself. DUI cases can be resolved in a matter of months or may take two years or longer depending on a variety of facts and circumstances.
Do I have to appear with my attorney in Court and at the DMV hearing?No appearance is required at the Department of Motor Vehicles hearing if an attorney represents you. Your appearance at the Court hearings will be determined by your Judge's particular rules and policies regarding this issue. Some Judges do not require that you appear if you are represented by an attorney and others will require your appearance even if you have representation.
How do I qualify for a “Hardship License?”You must be enrolled in a court approved DUI school and cannot have more than two (2) DUI convictions on your record.
