Tuesday, January 31, 2012

DUI: License Suspension and Refusal




IMPLIED CONSENT
By accepting and using a Florida driver license, a person agrees to submit to a chemical or physical test of their blood or breath alcohol level and a urine test for drugs and other controlled substances when arrested for driving under the influence of alcohol or drugs (s.316.1932, F.S.). If you refuse then your license will be suspended.  However you may be given hardship license if the circumstances are as follows according to the Florida Department of Highway Safety and Motor Vehicles:

How do I reinstate my license after a suspension for refusal to submit to a breath/urine test?
You will be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times.
You must provide proof of enrollment in a DUI School to the Administrative Reviews Office ) for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office . Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment will result in cancellation of your driver license.
If you reinstate after your revocation period ends, you must provide proof of DUI School enrollment or completion to the driver license office. Failure to complete the course within 90 days after reinstatement will result in cancellation of your driver license by the department until the course is completed. Treatment, if referred, is required. Failure to complete treatment may result in cancellation of your driver license.
At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay an Administrative fee and suspension reinstatement fee and any license fee required. You must be able to show proof of the appropriate required coverage of bodily injury liability insurance if convicted of the DUI charge.

Courtesy of Florida Department of Highway Safety and Motor Vehicles

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