In Florida, a DUI arrest will result in your driver's license being taken away by the arresting officer. At this point, you have 10 days to file for review with the state's Department of Highway Safety and Motor Vehicles, a hearing that determines whether the suspension of your license was valid. Also referred to as DHSMV hearings, it is important to have a skilled DUI lawyer on your side to represent you at this formal review hearing. At Adams, Luka, & Benton, we understand how difficult it is to live as you normally would when your driving privilege has been taken away. We will provide you with the legal support and guidance necessary to reach positive results.
Most people who are charged with driving under the influence are not aware that they have only 10 days under Florida State law to challenge the suspension of their driver's license; otherwise, it will be automatically suspended once the 10-day period has passed. At the time of your arrest, the DUI citation given to you will serve as a temporary hardship license for those 10 days. Failure to request a hearing with the DMV within the 10-day period will result in the suspension of your driver's license for a specific time period.
DMV Hearings in FloridaIt is vital that you request a DMV hearing within the time limit if you want an opportunity to keep your license. By requesting a hearing, you will be able to drive to work for an additional 45 days. In order to ensure the best possible results, it is highly advised that you secure the support of a seasoned Orlando DUI attorney.
Why do you need a lawyer? An attorney can make sure every detail is taken care of in a timely manner. At Adams, Luka, & Benton, we will schedule the hearing on your behalf, and represent you at the hearing. We are highly familiar with the criteria hearing officers want in order to reinstate your full license rights. In fact, we can represent you at the formal DMV hearing, as those who have hired an attorney do not have to be present.
With DMV hearings there is no judge who presides over the hearing; instead, a DHSMV employee acts as the hearing officer. The officer who administered blood, breath, or urine tests may be present, as well as the arresting officer. The goal of the hearing is to dispute that the arresting officer had reasonable suspicion to pull you over, that there was not probable cause to perform field sobriety tests or have you submit to other tests including breath, blood, or urine. If police pulled you over or administered tests without reasonable suspicion or probable cause, your driver's license should not be suspended as you may have been unlawfully arrested for DUI.
Contact Adams, Luka, & Benton NowIf you have been arrested for DUI, it is critical that you are aware you only have 10 days to file for a review hearing with the DMV. If you fail to do so, you lose your driving privilege. We know how vital it is to your everyday life that you are able to drive when you want to, or when it is necessary. However, driving is a privilege, and not a right. We want to help you keep your driving privilege, and are happy to handle all of the details for you or provide direction. Contact us immediately for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.