POLK COUNTY DUI LAWYERS
Once arrested, your privilege to drive in Polk County, Florida is suspended, and in almost every case, the arresting officer took your license. Once released from the jail, you will find that the officer left a POLK COUNTY DUI CITATION in your wallet or perhaps in your pants pocket. If you look closely at the citation, you will see towards the bottom of the citation, just above the signature line:
- Unless ineligible, this citation shall serve as a temporary driver’s license and will expire on midnight of the 10th day following the date of suspension.
As long as you carry the DUI citation with you and your license was valid at the time of your arrest, you can drive for 10 days following your arrest. WITHIN 10 DAYS, WE MUST FILE PAPERWORK WITH THE BUREAU OF ADMINISTRATIVE REVIEW AND ACQUIRE A 42 DAY TEMPORARY RESTRICTED DRIVER’S PERMIT FOR YOU!!
Once we file the necessary paperwork with the Bureau of Administrative Review (“BAR”) they will send us a Notice of Suspension Hearing. The hearing will be scheduled within the 42 day time period that your temporary driver’s permit is valid.
At the hearing, we will attend for you and argue to the hearing officer that the suspension of your driver’s license should be invalidated. The hearing officer is not concerned with who you are, your character, your age, whether you drive for a living, or whether you are a single parent and must drive. They are specifically looking at the relevant documents to uphold the suspension of your license. We know that our POLK County DUI clients require the ability to drive and we fight very hard to win these hearings.
Outcome of the Hearing
On the date of the hearing – one of two outcomes will take place: (1) the suspension of your license will be invalidated (we win) or (2) the hearing officer will reserve ruling. If we win the hearing, your full driving privileges will be reinstated – a great result. If the hearing officer reserves ruling, and we later receive notice that we lost, and the suspension of your license is upheld, there& will be a period of time during which you will not be permitted to drive. The duration of time you will not be able to drive, referred to as ‘hard time’ depends on whether you provided a breath sample or refused.
- If you provided a breath sample and we lose the hearing, there will be a period of 30 days during which you are not permitted to drive for any reason. The 30 days begins the date your temporary permit expires.
- If you refused to provide a breath sample and we lose the hearing, there will be a period of 90 days during which you are not permitted to drive for any reason. The 90 days begins the date the temporary permit expires.
Getting a Hardship after the “Hard Time”
After the 30 day or 90 day time period has passed, you are eligible for another hardship license while your criminal case is still pending. To acquire another hardship license, you must have registered for and completed DUI school. As your ‘hard time’ draws to a close, we recommend that you contact the local BAR office and schedule an appointment for your hardship. At the hearing, the hearing officer will want to know: What do you need drive for? How did you get here today? Have you drive at all in the previous 30 (or 90) days? In most cases, the hearing officer will issue another hardship license which will last throughout the criminal process.
If you have been arrested for DUI in POLK COUNTY, Florida or any the following areas:
Bartow, Citrus Ridge, Crystal Lake, Davenport, Eaton Park, Fort Meade, Griffin, Haines City, Highland City, Highland Park, Holiday Manor, Indian Lake Estates, Kingsford, Lake Alfred, Lake Hamilton, Frostproof, Auberndale, Mulberry, Lynchburg, Pembroke, Polk City, Winter Haven, Waverly, etc.
be sure to contact one of our POLK COUNTY DUI attorneys immediately.
At Finebloom & Haenel, we offer a free consultation to discuss your specific case.
Arrested for a a DUI in Polk County, Florida DUI? Contact our law offices immediately.