PROTECTING YOUR LICENSE

- Did you know that if you don’t request a formal review within (10) days of your arrest you can lose your license for a period of time from six months to eighteen (18) months without any recourse?

- Did you know that if you are now facing a second refusal to submit to a breath, urine or blood test, then the “formal review” is your only hope of getting your license back?

- Did you know that a second refusal to take a breath test is now a misdemeanor with a possible penalty of up to one year in jail?

- Did you know a third DUI arrest can now be charged as a felony?

(with a penalty of up to five years in prison and a ten (10) year license suspension if the third DUI arrest is within ten years of your last conviction)

 

Under Florida law, your license can be administratively suspended either for refusal to take a breath, urine or blood test, or for a breath test of .08 or greater. Your license suspension can last from six (6) to eighteen (18) months.

 

An aggressive experienced DUI lawyer may mean the difference between keeping your drivers license or losing it. Intoxilyzer machines are inaccurate for many different reasons.

Our office has won numerous hearings that have allowed many of our clients to recover their driving privileges. 

To explore your legal options and plan the best legal strategy, contact our office for a free consultation.

Once you retain our services, we will contact the Department of Highway Safety & Motor Vehicles and request a formal hearing challenging the suspension of your driving privileges.  Upon filing for the formal review, in most cases your driving privileges will be extended well beyond the ten day period listed on your ticket to approximately forty two (42) days.

For your administrative review hearing, our office will subpoena the stopping and arresting officers as well as the breath technician and Agency Inspector and require them to also bring with them any of their documentation of the arrest and breath test (if applicable) including but not limited to any video tapes taken of you on the evening of your arrest. During the formal review, we will challenge the officer’s training, background and experience in DUI cases and their observations with respect to why they stopped and arrested you. 

Your administrative review hearing will only be won if you are able to prove that you were unlawfully stopped, arrested, that your physical and mental abilities were not impaired or that your blood alcohol concentration was below the legal limit. It can also be won if the state does not have the proper paperwork regarding the workings of the breath machine.

You will need an experienced DUI attorney who knows how to deal with administrative hearings and the florida department of highway safety and motor vehicles in order to successfully overturn the suspension of your drivers privileges. We offer a free consultation to discuss your particular case.

 

*EFFECTIVE 7/1/13- FIRST TIIME DUI OFFENDERS CAN APPLY FOR A WAIVER REVIEW AND MAY OBTAIN A RESTRICTED DRIVER LICENSE WITHIN 10 DAYS OF THE SUSPENSION IF OTHERWISE ELIGIBLE. TO REQUEST THE WAIVER REVIEW, A NON-REFUNDABLE FILING FEE OF $25.00 AND PROOF OF DUI SCHOOL ENROLLMENT MUST BE SUBMITTED WITH YOUR APPLICATION FOR A WAIVER REVIEW HEARING WITHIN 10 DAYS OF THE DRIVER LICENSE SUSPENSION. YOU MAY SUBMIT YOUR REQUEST BY APPEARING AT THE LOCAL B.A.R. OFFICE INDICATED ON THE DUI CITATION. PLEASE CONTACT ME TO SEE IF YOU QUALIFY FOR THIS PROGRAM AND IF THIS PROGRAM IS RIGHT FOR YOU.

Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation.  You only have 10 days to fight the suspension of your driver’s license.  Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.