First, you have 10 days to challenge your driver’s license suspension!
In cases where you are suspected to be under the influence of alcohol, the police will confiscate your license. Your license will be suspended for 6 months if you took the breathalyzer test or 1 year if your refused to take the breathalyzer. You may have heard of a hardship license to allow you to driver to work. However, before you must suffer 30 days suspension before applying for a hardship if you took the breathalyzer. If you refused the breathalyzer you must endure 90 days.
From your arrest date you have 10 days to challenge your driver’s suspension. Otherwise, the 6 months or 1 year suspension is finalized. This challenge is lodged with the Department of Highway Safety and Motor Vehicles and not with the court presiding over the criminal case.
To assist you in filing a timely challenge, the law allows you to drive for 10 days after your arrest. So your suspension does not begin until the eleventh day, unless you lodged a challenge.
If you depend on your license please contact me immediately so we can lodge a challenge to your suspension. This is the first thing to be done.
To Those Who Took the Breathalyzer Test in Orange or Osceola Counties
Currently, the breathalyzer is inadmissible as evidence in Orange or Osceola counties. This is extremely significant. Once the breathalyzer is thrown out the prosecution is often just left with the field sobriety exercises as proof of your guilt. This greatly increases the chances of having the DUI dismissed.
Importantly, the judges will allow the introduction of the breathalyzer if proper groundwork is not laid to exclude it. Our firm will see to it that this unreliable evidence is thrown out.