Many folks charged with a Tampa DUI are first primarily concerned with keeping their driver’s license, this is certainly understandable as we live in an age, where not being able to drive is a severe restriction on your ability to live. The answer to this question like so many others is it simply depends on the unique facts of your case.
First, it is critical to consider who actually suspends one’s license. There are essentially two separate agencies/entities that will suspend your license in a Tampa DUI. First, the Florida Department of Highway Safety and Motor Vehicles, which is the administrative agency that handles the issuing and supervising of driver’s licenses throughout the entire state. Secondly, the specific court you are before can also suspend your driver’s license. If the DUI is a misdemeanor, which it will most likely be, you will be in a county criminal court, rather than circuit court, which only handles felonies. It is critical to point out though, as we have throughout our Tampa DUI attorney blog, a DUI can be a felony depending on the number of offenses and if serious bodily injury occurred to someone involved in the incident.
Secondly, the Department of Highway Safety Motor Vehicles (“DHSMV”) is usually the initial agency to suspend the license. This occurs because the initial suspension likely occurs either when the driver blows over .08 or the driver refuses to take an approved chemical test to measure blood alcohol. Florida law has deemed .08 as the blood alcohol level, when if someone blows over that level, an automatic license suspension occurs. As we have discussed elsewhere on our Tampa DUI attorney blog, a refusal to submit to a lawful chemical test results in a 12 month driver’s license suspension. For a second refusal, the suspension is 18 months and can result in the addition of a new criminal misdemeanor charge. The court obviously cannot suspend your license until you have entered some sort of a plea, which would occur later in the case. Florida Statute Section 316.193 provides the minimum mandatory sentences for a judge in a DUI case, including a driver’s license suspension. It is worth noting though that for “drug” DUIs, one’s license will not be suspended initially by the DHSMV since the automatic .08 suspension will not be invoked.
Thirdly, it is critical to highlight that the Tampa DUI attorneys of Hackworth Law will assist you with keeping your license valid during as much of the pending DUI case as possible. As we have discussed elsewhere on our blog, many Florida drivers are eligible for a hardship or business purposes only license during their DUI case. We will work with you to ensure you maintain your ability to get to school, work and maintain your current standard of living. The law just changed last summer making it easier for folks to get their hardship license quicker and easier during their driving under the influence charge. In short, while one may lose their full driver’s license, our DUI attorneys will do everything they can to ensure you can drive during the entire DUI case, even if on a hardship or business purposes only license.
If you or someone you know has questions concerning their Tampa DUI and their hardship license, contact the Tampa DUI attorneys of Hackworth Law for a free case consultation. We have handled thousands of DUIs throughout the entire Tampa Bay area. If you would like to contact one of our Tampa DUI attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate your time in checking out our Tampa DUI attorney blog and we look forward to hearing from you.