Orlando, FL asked in DUI / DWI for Florida

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

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1 Lawyer Answer
Kevin John Mawn
Kevin John Mawn
  • 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.

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