What Happens To Your License After You Get A DUI?
Derek Byrd, Byrd Law Firm
When you get arrested for driving under the influence, you really have two problems. Everyone is aware of the problem they have with the criminal justice system, which is the State prosecuting you for driving under the influence. But you have a completely separate case going on – a completely separate problem -with the division of motor vehicles.
The division of motor vehicles is obviously the entity that governs driver’s licenses, and they can make whatever rules they want regarding your license. For example, they could say if you got three speeding tickets in a year, they’re going to suspend your license.
Well, one of the rules they have is if you get arrested for DUI and you refuse the breath test, they’re going to suspend your license for one year. That means from the day that you refuse the breath test, your license gets suspended for one year.
This is regardless of what happens in criminal court – you can be found not guilty in criminal court and still have your license suspended by the DMV. You can have your charge reduced to reckless driving in criminal court, but you’re still going to have a problem with the DMV.
It’s complicated. I highly recommend that you speak with a lawyer about this because you have the right to fight the DMV, just like you have the right to fight in the criminal court system to prevent the suspension of your driver’s license.
What actually happens if you’re arrested for DUI is the ticket that they give you for the DUI is your driver’s license for ten days. So, you’re allowed to drive for the first ten days without any restrictions on your license.
Mr. Derek Byrd specializes in Criminal Law and is Board Certified by the Florida Bar as a Criminal Trial Attorney.