When a motorist is arrested for driving under the influence in the state of Florida, he has many concerns. Posting bond, finding a good DUI defense attorney, and telling his family are just a few of the immediate issues. But what about driving privileges?
Under state law, the Florida Department of the Highway Safety and Motor Vehicles (FDHSMV) suspends driver's licenses of people arrested for DUI, with a 10 day permit to drive. During that period, the drivers can request a formal hearing, with an attorney present, to reinstate driving privileges. Otherwise, the license will generally be suspended for six months or more, depending on the charge, at the conclusion of the 10 days. In Florida, this is known as the 10 day rule, and it is important to contact a DUI lawyer as soon as possible after your arrest in order to fight your driver's license suspension.
But what about the presumption of innocence? If a driver is accused of driving under the influence, it follows that his driver's license should not be suspended until after he is found guilty in a court of law. The presumption of innocence - the notion that a defendant should be considered innocent until he is proven guilty - is a cornerstone of our criminal justice system.
The state gets around this issue by allowing the formal hearing. At the hearing, a person who is employed by the FDHSMV listens to the evidence and comes to a decision. The DUI defendant may be represented by counsel at the hearing. At the end, the adjudicator, who is probably not a lawyer, determines whether the person arrested will be allowed to keep his license or not.
Right now, the Minnesota legislature is considering a measure to require a DUI conviction before the driver's license is suspended. Florida, however, retains the 10 day rule.
If you have been arrested for DUI/DWI in Florida, contact the experienced Miami DUI lawyers at Musca Law to begin preparing your legal defense.
Under state law, the Florida Department of the Highway Safety and Motor Vehicles (FDHSMV) suspends driver's licenses of people arrested for DUI, with a 10 day permit to drive. During that period, the drivers can request a formal hearing, with an attorney present, to reinstate driving privileges. Otherwise, the license will generally be suspended for six months or more, depending on the charge, at the conclusion of the 10 days. In Florida, this is known as the 10 day rule, and it is important to contact a DUI lawyer as soon as possible after your arrest in order to fight your driver's license suspension.
But what about the presumption of innocence? If a driver is accused of driving under the influence, it follows that his driver's license should not be suspended until after he is found guilty in a court of law. The presumption of innocence - the notion that a defendant should be considered innocent until he is proven guilty - is a cornerstone of our criminal justice system.
The state gets around this issue by allowing the formal hearing. At the hearing, a person who is employed by the FDHSMV listens to the evidence and comes to a decision. The DUI defendant may be represented by counsel at the hearing. At the end, the adjudicator, who is probably not a lawyer, determines whether the person arrested will be allowed to keep his license or not.
Right now, the Minnesota legislature is considering a measure to require a DUI conviction before the driver's license is suspended. Florida, however, retains the 10 day rule.
If you have been arrested for DUI/DWI in Florida, contact the experienced Miami DUI lawyers at Musca Law to begin preparing your legal defense.
