A DUI comes with many consequences. Convicted drivers face fines, jail time, and losing their license. A DUI license suspension in Florida can be one of the longest-lasting consequences. Convicted DUI offenders can lose their license for a few months or a lifetime. But, there are ways to minimize the impact of a DUI license suspension in Florida.

An experienced DUI attorney can guide you through the process, attempt to limit the length of your suspension, help you apply for a hardship license, and work to get your license back. This guide will share what you need to know if you’ve had your license suspended from a DUI in Florida.

It will cover:

• How Long Is a DUI License Suspension in Florida?
• Is Your License Suspended Immediately After a DUI in Florida?
• How to Challenge a DUI License Suspension
• Is Your Driver’s License Revoked If You Refuse to Take a DUI Test in Florida?
• How to Get a DUI Hardship License in Florida
• How to Reinstate Your License After a DUI Suspension

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How Long Is a DUI License Suspension in Florida?

Florida law dictates how long a person should lose their license for a DUI offense. The guidelines are outlined under Florida Statute 316.193. Revocation times increase with severity of offense and frequency of offense.

For example, first offense DUIs have fewer consequences than a third or fourth conviction. Drivers may also lose their license for a longer period of time if they caused an accident, injured another person, or caused the death of another person.

Consider the driver’s license revocation timelines associated with each DUI conviction in Florida.

First Conviction — Without bodily injury

• Minimum 180 days revocation
• Maximum one year

First Conviction — With bodily injury

• Minimum three years revocation

Second Conviction — Within five years of first conviction

• Minimum five years revocation
• Can apply for hardship after one year

Second Conviction — More than five years after first conviction

• Minimum 180 days revocation
• Maximum one year revocation

Third Conviction — Within ten years of second conviction

• Minimum ten years revocation
• Can apply for hardship after two years

Third Conviction — More than ten years after second conviction

• Minimum 180 days revocation
• Maximum one year revocation

Fourth Conviction — Regardless of dates of previous convictions

• Mandatory permanent revocation
• Can apply for hardship after five years
• Revocation period begins the date of release, if incarcerated

DUI manslaughter 

• Mandatory permanent revocation
• Can apply for hardship after five years, if no prior DUI convictions

Manslaughter, DUI serious bodily injury, or vehicular homicide

• Minimum three years revocation

If you have been convicted of a DUI, you can expect a license suspension that matches legal standards. If you want to reduce the length of your license suspension (or have your charge dismissed and license reinstated), it’s important to talk to a DUI attorney right away as time is of the essence when fighting DUI charges and license suspensions.

Related: Is a DUI a Felony in Florida? What Charges Should You Expect?    

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Is Your License Suspended Immediately After a DUI in Florida?

If you are arrested for a DUI in Florida, your license is immediately suspended.

While your license is suspended immediately after getting arrested for a DUI in Florida, it doesn’t mean you cannot drive. You have ten days from the day of your arrest to drive for limited purposes. During the ten-day window, you can use your DUI ticket as a permit to drive to and from:

• Court
• Your lawyer’s office
• Work
• The grocery store
• Church

The ten-day window is also your opportunity to challenge the immediate suspension. You may request an administrative hearing to determine if the DUI was legal. If you do not request the hearing within ten days, your license will be automatically suspended without exception. For this reason, it is important to talk to a DUI attorney as soon as you are charged. An experienced DUI attorney can take the steps to fight your license suspension as soon as possible.

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How to Challenge a DUI License Suspension

If you have or are facing a DUI license suspension in Florida, you may have options. Depending on your situation, a DUI attorney may be able to help you get your driving rights back or fight the charges against you.

After DUI arrest, you have ten days to challenge a driver’s license suspension and request a hearing. The hearing will take place within thirty days of your request. During the hearing, you can showcase evidence that proves your license was illegally suspended.

Reasons why your license was illegally suspended may include:

• There was no probable cause for the traffic stop.
• The officer did not properly explain your rights.
• There are disputed breath or blood tests.

Keep in mind that you only have ten days to challenge a DUI license suspension in Florida. If you want to challenge the suspense, you need to act fast. Seek a good criminal defense attorney right away if you want to fight the DUI charges against you.

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Is Your Driver’s License Revoked If You Refuse to Take a DUI Test in Florida?

The duration of a DUI license suspension may be impacted if you refuse to take a DUI test at the time of your arrest. There are automatic license suspension penalties if you refuse to take a DUI test. If you refuse to take a breath or chemical test when suspected of a DUI:

• Your license may be suspended for one year if it is your first offense. You can apply for a hardship license after 90 days.
• Your license may be suspended for up to 18 months if it is your second or subsequent offense. You cannot apply for a hardship license.

If you refused to take a breathalyzer or chemical test, you still have a ten-day window to challenge the suspension. Acting quickly is especially important if you lost your license because you refused to take a DUI test. Once the ten-day window closes, you may lose your chance to fight the charges and dismiss the suspension. Talk to a DUI attorney right away if you refused to take a DUI breathalyzer or blood test.

Related: Arrested for a DUI in Florida? Here’s What to Do Next

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How to Get a DUI Hardship License in Florida

If you have been convicted of a DUI, you may be able to apply for a hardship license.

A hardship license is a driver’s license that gives you limited access to driving privileges. For example, it may permit you to drive to work, school, or other essential predetermined locations (such as a doctor’s office, grocery store, church, etc.).

In order to receive a hardship license, you must:

• Be eligible based on your offense or offenses. The timelines listed above explain when drivers are eligible for a hardship license based on their offense or offenses. In some cases, hardship licenses are not available due to the severity of the offense or the frequency of offenses.
• Enroll in DUI school. You may be required to show proof that you are enrolled in a state-approved DUI school or have completed a program. (Click here for a list of licensed DUI programs in Florida.)
• Fill out the Florida hardship license application. Complete the proper paperwork and file it along with a filing fee.
• Pay additional fees. You will be responsible for a $130 administration fee, $45 reinstatement fee, and potentially any other fees set by the court or DMV.

Getting a DUI hardship license can make a big difference in your life. If you are applying to get a hardship license, make sure you talk to a professional who can guide you through the process and help lead you to the best outcome. One missed step could be the difference between receiving a hardship license and being denied.

Going through the hardship license process after a DUI does not mean you are guaranteed to receive a permit. The decision is up to the Florida Department of Motor Vehicles, but your chances may increase by working with an experienced DUI attorney who can help you go through the process properly.

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How to Reinstate Your License After a DUI Suspension

If your license is suspended for a year, you won’t immediately regain driving privileges one year from the day the license was suspended. There are actions you need to take to be eligible to get your license back. Once those actions are complete, you can then apply to get your driving privileges back.

• Serve the suspension period. You must wait for the full period of the license suspension to pass before you can get your license back.
• Enroll in DUI school. You will be required to show proof that you are enrolled in a state-approved DUI school or have completed a program. You must complete the program or complete it within 90 days of getting your license back or your license will be revoked again. (Click here for a list of licensed DUI programs in Florida.)
• Provide proof of bodily injury liability insurance coverage. Per the FLHSMV, “For a DUI conviction that occurred after October 1, 2007 the customer must obtain form FR-44 providing bodily injury liability (BIL) insurance coverage in the amount of $100,00/$300,000 and property damage liability (PDL) insurance coverage in the amount of $50,000 or combined single limits of $350,000 per section 324.023 Florida Statute.”
• Pay additional fees. You will be responsible for a $130 administration fee, $45 reinstatement fee, and potentially any other fees set by the court or DMV.
• Install an ignition interlock device (in some cases). Some individuals convicted of a DUI may be required to install an ignition interlock device (IID) on their vehicle. An IID is a mechanism that attaches a breathalyzer to a vehicle’s ignition. For the vehicle to start, a person must blow into a mouthpiece. If alcohol is detected, the vehicle will not start. In some cases, individuals convicted of a DUI (often in the case of multiple DUIs) may need to have an IID installed. In those cases, the IID needs to be inspected by the DMV before the driver can get their license reinstated.
• Apply at the DMV. You must go to the DMV with all of the proper paperwork and apply to get your license reinstated.

It is important that you understand everything you need to do before applying to have your license reinstated. Failure to complete any of these steps can lead to a delay in getting your license back.

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Get Help with a DUI License Suspension in Florida

If you lost your license due to a DUI or are facing a license suspension, talk to an experienced DUI attorney as soon as possible. A strong legal defense may be able to help you lessen charges, dismiss charges, keep your license or get it back, and get a DUI removed from your record.

Don’t leave your future up to the courts alone. Work side-by-side with someone who will fight for you to have your rights restored as quickly as possible. Talk to Tampa DUI attorney TJ Grimaldi about how he and his team can help you fight your DUI charges and license suspension.

Schedule your consultation or call 813-226-1023 now.

If you’re facing criminal charges, you’re likely dealing with a misdemeanor or felony charge. You are probably wondering what the difference is and how your case will be different depending on the type of charge.

Let’s look at how misdemeanor cases differ from felony cases and what you can expect depending on where your case falls.

Misdemeanor vs. Felony: What’s Worse?

Both misdemeanors and felonies are criminal charge classifications. Misdemeanor charges are less serious than felony charges. Felonies are the most serious type of crimes and have the most serious punishments.

Misdemeanor vs. Felony: What’s the Difference?

The primary difference between a misdemeanor and a felony is in the seriousness of the charges and potential consequences. The seriousness of the crime will help determine if it is a felony or a misdemeanor. The criminal history of the charged party will also influence the type of charge assigned to the crime. For example, a first-offense DUI may be charged as a misdemeanor, whereas a third-offense DUI may be classified as a felony.

Misdemeanor and felony charges also have different legal procedures. With a misdemeanor charge, you will need to appear before a judge (but no jury). With a felony charge, you will need to appear before a judge for an indictment or preliminary trial and then potentially have a jury trial.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps   

Examples Misdemeanors and Felonies

Depending on the jurisdiction, the following crimes are typical examples of misdemeanor and felony crimes.

Felony Crimes

Felony charges are serious and typically carry potential jail terms that range from a year to life in prison. Some examples of felony crimes include:

• Assault
• Homicide
• Theft and property crimes
• Robbery
• Kidnapping
• Sex offenses
• Grand theft
• Major drug possession

Related: Facing Florida Drug Possession Charges? 6 Things You Need to Know   

Misdemeanor Crimes

Misdemeanors are less serious but can still carry potential jail terms from five days up to one year. Some common examples of misdemeanor crimes include:

• Vandalism
• Disorderly conduct
• Battery
• Shoplifting
• Giving alcohol to a minor
• Driving under the influence
• Driving with a suspended license
• Minor drug possession

Infractions and Ordinance Violations

It’s worth noting that there are two other legal offenses that are punishable by the law: infractions and ordinance violations. Both infractions and ordinations are less serious than misdemeanors. They are often referred to as petty offenses and come with a fine or administrative penalty. They may include:

• Traffic violations
• Littering
• Jaywalking
• Drinking in public
• Fishing/hunting without a license
• Building permit violations
• Walking an unleashed dog
• Parking violations
• Smoking in non-smoking area
• Noise violation
• Disturbing the peace
• Trespassing

If these infractions are serious or repeat offenses, they may be moved up to a more serious misdemeanor charge.

Was I Charged with a Misdemeanor or a Felony?

To determine what your charges are, don’t rely on what types of crimes are typically considered a misdemeanor or a felony. Look at your official case information to determine what the case has been classified as. Specifics of the case will determine whether it is officially a misdemeanor or felony.

As previously noted, a crime that is typically classified as a misdemeanor can be moved up to a felony charge if it is a repeat offense. On the other hand, a crime that is typically a felony charge may be reduced to a misdemeanor in certain situations.

Can I Fight Misdemeanor or Felony Charges?

While misdemeanors are less serious than felony charges, all criminal charges are serious and should be handled carefully.

With the right defense and a good criminal defense attorney, you can limit the impact the charges will have on your life. You can fight to:

• Reduce the charges. You can fight to turn a felony charge into a misdemeanor.
• Lessen the sentencing. You can plead your case to receive lighter consequences such as less jail time or lower fines.
• Expunge your records. If you are convicted of a crime, you can work to remove the charges from your criminal record. (Learn more about how you can get a DUI off your record in Florida.)
• Dismiss the charges. In the event that you were improperly charged or your case was not appropriately handled by law enforcement, you may be able to get your charges dismissed.

Misdemeanor vs. felony — whichever charge you’re facing charges, one thing is certain: an attorney can help you get the best possible outcome. You will be more likely to get a positive outcome when you have an experienced criminal defense attorney by your side. They can develop a strong case based on the facts and fight for your best interest.

If you’re dealing with misdemeanor or felony charges, don’t wait to seek legal help.

Contact TJ Grimaldi for a free consultation today to find out how our law firm can help you get a positive outcome that lessens the impact of your charges on your life. Schedule your consultation or call 813-226-1023 now.

If you find yourself in legal trouble, you want the best attorney by your side. This is especially true if the case is in criminal court. You want the best criminal defense attorney fighting for you. A good criminal defense attorney can directly impact the momentum of your case and help you get the best outcome possible. 

But, how do you know which attorney will be the best for your criminal defense case? How can you determine who will fight for you and have the resources to best defend your case? 

You can look for these seven qualities. 

The Qualities of Top Criminal Defense Attorneys 

If you find yourself in legal trouble and searching for the best criminal defense attorney, look for someone who has these qualifications, characteristics, and resources. An attorney with these qualities can help you get the best possible outcome by working to reduce your charges, make plea deals, or prove your innocence. 

#1) Criminal Law Experience 

Your criminal law case can have repercussions that impact the rest of your life. You want your case in the hands of someone who knows how to handle it properly. Look for a criminal defense attorney who has been working within the system for an extended period of time. Ensure that they not only have experience in law, but that they have experience in the type of criminal law related to your case such as: 

• DUI
• Theft and property crimes
• Traffic citations 
• Drug offenses
• Sex offenses
• Violent crimes
• Weapons offenses

Recommended Reading: Arrested for a DUI in Florida? Here’s What to Do Next 

#2) Community Ties

The best criminal defense attorneys have ties to their community. Connections in the community can be helpful while litigating a criminal case as the lawyer can speak with local leaders to get resources and support for your case. Look for an attorney who has good standing in the community and connections with offices and officials that could impact the direction of your case. 

#3) Personal Dedication to Clients 

Many law practices have dozens of attorneys who take on cases without offering much personal attention. You may go in to meet with a primary attorney, but then never see them again once you are assigned to other lawyers within the organization. Seek an attorney who will give you the personal attention you deserve and continue to work with you one-on-one throughout your case. 

#4) Trustworthiness 

The success of your criminal law case may rely on how much you share with your attorney. What you tell them (or don’t tell them) could have a major impact on your case. Work with someone who you feel comfortable with and can talk to and trust. They will be giving you advice and recommendations about your future and potential freedom. You must be able to trust their advice and share all of the details that can impact your case’s outcome. 

#5) Creative Thinking

The best criminal defense attorneys know how to think outside of the box to help defend your case in any way possible. You don’t want an attorney who simply goes through the motions. You want someone who can think critically and creatively about your case to see angles and opportunities that can support your side.

#6) Access to Legal Resources 

When you are involved in a criminal case, you are going up against the State of Florida and their vast access to resources. You need a criminal defense attorney who has similar access to the resources you will need to properly defend your case. Look for an attorney who has an affiliation with a larger firm that can provide resources for detailed and complex cases.

#7) Payment Plans 

Cost is always a concern when entering into a legal matter. You may want to find the cheapest option to keep your costs low, but this could be a mistake. The results of your case could impact you for the rest of your life. You don’t want the cheapest option; you want the best option. So rather than look for the best price, look for an attorney who offers payment plans or flat-fee pricing that allows you to get the best defense while still factoring in your financial situation. 

Recommended Reading: If You’re Arrested for a Crime, Immediately Take These 6 Steps   

Talk to The Best Criminal Defense Attorney in Tampa 

If you are entering a legal matter, whether it is a misdemeanor or a felony, you want and need the best criminal defense attorney by your side. Consider the qualities of top defense lawyers, and then interview a few options to see who best fits the description.

Start by talking to TJ Grimaldi about how he fits these qualifications and can support your case. 

TJ has years of criminal law experience fighting for clients in the Tampa area. He works directly with his clients and offers a personal dedication that builds the trust needed during stressful criminal cases. He is a creative thinker with access to abundant resources at his partnering law firm McIntyre Thanasides. And, he works with all of his clients to make sure cost doesn’t stop them from receiving the best defense possible.

Talk to him today during a free consultation to see if he is the best criminal defense attorney for your case. Request your free consultation or call 813-226-1023 today.

Getting arrested for a DUI is a serious event. Driving under the influence is a crime that can lead to fines, license suspension, or even jail time. 

It’s important to know what steps to take if you find yourself in this situation. Being proactive and handling the situation correctly from the start is how you can get the best possible outcome. 

If you are pulled over and arrested for a DUI in Florida, take these steps to protect your case and yourself. 

#1) Cooperate with police — but know your rights.

If you are pulled over and suspected of driving under the influence, you are going to be asked to cooperate with the officer’s initial investigation. They are going to ask questions that assess the situation and gather evidence.

Always cooperate with police officers while keeping in mind that you need to protect yourself. Be mindful of any statements you make. A dashcam is almost always filming the encounter, so any action you take can be recorded and used during your case. 

#2) Keep your comments to a minimum. 

While you should corporate with police questioning and requests, provide the bare minimum of details. You don’t want to inadvertently admit to anything that can be used against you or provide law enforcement with any more evidence than they already have. 

#3) State your limitations. 

During the first few moments with officers, let them know about any limitations that you have that could impact their assessment of the situation. Inform the officers if you have any disabilities, injuries, or illnesses that could prevent you from performing or impact your ability to perform a field sobriety test. 

For example, if you have a knee injury, an officer could mistake a limp for evidence that you are under the influence. Provide any information that could add context to how you perform during the field sobriety test. 

#4) Consider skipping the sobriety test. 

In some situations, it may be in your best interest to skip the sobriety test altogether. If you believe that the DUI charge has merit and that you will fail the test, it can benefit you to refuse it. 

It’s important to note that refusing to take a sobriety test — whether it is a field sobriety test or a chemical test — has consequences. You will likely lose your license and may receive additional charges. 

But, if you know that you will perform the sobriety test poorly, you may give the state more evidence against you by taking it. If you are certain that you will not pass the sobriety test, respectfully refuse it. 

#5) Once charged, invoke your right for an attorney.

Once the officers decide to arrest you for a DUI, they will read you your constitutional rights. Miranda Rights provide your right to remain silent for the rest of the encounter. You can remain silent to prevent providing any additional evidence against you.

If you are arrested for a DUI, refuse to speak to anyone else and request to call an attorney. 

#6) Request a DMV hearing. 

When you are charged with a DUI, you immediately lose your license. You have ten days to request a DMV hearing and file for a hardship license. A hardship license gives you the ability to drive while waiting for your case to be resolved. 

To get a hardship license, you must apply within ten days of a DUI arrest. 

A failure to do so will waive your right and prevent you from being able to get a license throughout the duration of your case. It’s essential that you request a DMV hearing and apply within ten days of being charged with a DUI. 

#7) Start your defense right away.   

Whether this is a first-offense DUI or you have been through this experience before, it is imperative that you contact an experienced DUI attorney and start your defense right away. 

A DUI can stay on your record for 75 years in Florida. It can result in your losing your license, and it can lead to thousands of dollars in fines. To decrease the impact that this event can have on your life, talk to an attorney right away. 

An experienced DUI attorney can help you look at your case and find ways to produce the best possible outcome. They can work to reduce your charges, lessen the impact of your charges, or even clear your record. 

If you feel you were unjustly charged with a DUI, it is even more imperative that you talk to a  criminal defense attorney right away. If there was an unwarranted stop or a mishandled case, you need someone who can fight for your best interest from day one.  

Arrested for a DUI in Florida? Get Advice Today.

If you have been arrested for a DUI in Florida, don’t wait to get legal advice. Each day that passes is one day less for you to put together a defense for your case. 

Don’t wait. Talk to an experienced DUI attorney today. Get your free consultations with TJ Grimaldi. Request your free consultation or call 813-226-1023 today.