Have you were arrested for driving under the influence in Florida? If convicted of a DUI, your license was likely suspended. With a Jacksonville DUI and DWI arrest, Duval County police will take your Florida drivers license when he or she arrests you. Usually, you will receive a 10-day temporary driving permit after the Jacksonville DUI arrest. With the Florida 10-day driving permit, you can drive for 10 days, but after that your Florida drivers license will be suspended.
Before the 10-day temporary license expires, your Jacksonville DUI lawyer may want to request a DMV hearing. When you ask for a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV or DMV), you will be given a hearing date for the Jacksonville DUI drivers license suspension which will occur within 30 days after requesting the Jacksonville DMV hearing. During this 30-day period, the Jacksonville DMV will issue a temporary driving permit or Florida license.
At the hearing your lawyer will question the Duval County police officers that arrested you and try to show that you should not have been arrested for DUI. Basically, your Attorney will be fighting to stop your Florida driver’s license from being suspended. After the Jacksonville DMV hearing, the hearing officer will either reverse the Jacksonville DWI suspension (throw out the Florida driver’s license suspension) or uphold it causing you to have a suspended Florida drivers license. Even if the Florida DMV suspends a drivers license in Jacksonville by upholding the Florida driver’s license suspension, you may be eligible for a hardship license in Jacksonville.
If your Florida drivers license has been suspended due to a Jacksonville DUI charge, you will fall under one of two categories for license suspensions:
- Jacksonville DUI with a blood or breath alcohol level of .08 or higher: This occurs when you go to the Duval County Jail and blow into the breath machine and give a breath alcohol sample of 0.08 or higher. With Jacksonville DUI blood-draw cases, your blood will be taken because of a Jacksonville DUI arrest. If the blood alcohol sample is .08 or higher, your Florida drivers license will be suspended. In this Jacksonville DUI case scenario, you must wait 30 days, after the Florida drivers license suspension occurred, before you will obtain a hardship license. The clock does not begin to run until the Florida driver’s license is actually suspended for the Jacksonville DUI, so you must wait until after the Florida temporary driving permit expires.
- Jacksonville DUI where the driver refused the chemical test: If your Florida drivers license was suspended, because you refused to blow in the breathalyzer machine at the Duval County jail, you must wait 90 days, instead of 30 days. This is not the same thing as being charged with a Jacksonville criminal refusal. Criminal refusal is a separate Florida DUI crime.
In order to get a Florida hardship license after having a Jacksonville suspended drivers license, you must take the Jacksonville DUI class. You may want to go ahead and enroll in and complete the Florida DUI substance abuse education course and evaluation if your license is in jeopardy. If you have not completed the Florida DUI substance abuse education course and evaluation, the Jacksonville DMV may still give you a Florida hardship driver’s license, but you must complete the Florida DUI class within 90 days after your Florida hardship license was reinstated. You do not want to drive while your Florida drivers license is suspended, because you could be arrested for driving on a suspended license. If you are on probation for a Florida driving under the influence charge, you will be charged with violation of probation as well.
If you have been arrested for driving under the influence in Jacksonville, call a Jacksonville DUI lawyer for help with your Florida DUI or DWI case. If you are having problems getting a Florida driver’s license in Duval, Nassau, St. Johns, or Clay County, you can call an attorney. Please remember that this information in this legal article does not apply to DUI with serious bodily injury or other Florida felony DUI charges.