Naples, FL 239.732.5555




You got arrested for DUI. Now what?

In Florida, two things happen right away. The Department of Motor Vehicles will immediately suspend your license beginning from the date of your arrest. If you submitted to a breath test, then it is suspended for 6 months. If you refused, then it is suspended for 12 months. You will be given a yellow or white citation for your DUI charge upon your release from jail. This citation is your driver’s license for the next 10 days. It is a full license and, for this short time frame, you can drive to work, to the movies, to the mall, etc. Day 1 begins on the day after the date that is listed on your citation. At midnight on the 10th day, it expires.

You have a right to fight this suspension. Within the first 10 days of your arrest, Yerger / Tyler P.A. will request a formal review of your administrative suspension. If you miss this 10-day deadline, you waive your right and agree to the suspension. A formal review takes place at the Bureau of Administrative Review. The B.A.R., for short, handles license suspension within the DMV.

At this hearing, Yerger / Tyler P.A. will subpoena the law enforcement officers involved in your case. They, not you, will have to prove that there was enough evidence to make the arrest and that you either provided two samples over .08 or refused to blow. The standard in this hearing is not the same as criminal court and is much lower. Denise Tyler is experienced and prepared to fight for your license reinstatement.

Most often, we will know the outcome of your administrative suspension within 45 days of your arrest. If you win, then you will be able to walk into any DMV office and get your license back. If the B.A.R. upholds the suspension, then you will need to finish out the remainder of the 6- or 12-month period.

To complicate things further, you will not be eligible for any type of license right away. If you submitted to a breath test, then the DMV requires 30-days of “hard time” or no driving before you are eligible to apply for a restricted license. If you refused to submit to a breath test, then the DMV requires 90-days of no driving. Once your hard time passes and you enroll in DUI School, you can apply for a hardship license to carry you through the balance of the suspension. There is one exception to this rule; prior DUIs make you completely ineligible for any restricted license.

Denise Tyler recommends to most clients to enroll in DUI School as soon as possible. It is one thing to do early and get out of the way. It helps with the administrative suspension and criminal case.

When you are released from jail, you will leave with a court date for your criminal arraignment. This is the next step in the criminal process and operates independently of anything that happens with the B.A.R. or DMV. You could win the administrative hearing and it has no consequences or implications for the criminal case.

This process can be confusing and Florida is tough on DUIs. You need an experienced and prepared attorney. Call Denise Tyler of Yerger / Tyler P.A. to set your appointment today.