Orlando, FL asked in DUI / DWI for Florida

Q: hi if someone gets arrested for DUI can they drive until conviction or dissmissed

Related Topics:
1 Lawyer Answer
Kevin John Mawn
Kevin John Mawn
Answered
  • DUI & DWI Lawyer
  • Titusville, FL
  • Licensed in Florida

A: In Florida, the answer to your question depends on a number of factors. For example, if this is a first offense, you must sign up for DUI level 1 school and apply for an administrative review hearing, within 10 days, to obtain a business purpose only license. In the alternative, you may contest the suspension within 10 days of receiving the ticket. You will be given a business purpose only license while the hearing is pending. However, if you lose the hearing, you will be without a license for 30 day (for an unlawful breath test) or 90 days (for a refusal). The remaining portion of the suspension will be under the BPO restriction. Thus, it is generally safer to request a BPO license within 10 days instead of contesting the suspension. If this is a second or subsequent offense, you are not entitled to an immediate BPO license; thus, you must request a hearing in order to save your license. If you lose the administrative hearing for a second or subsequent offense, you may not be entitled to a BPO license; thus, you must serve the suspension without the ability to drive.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.