abstract road

DMV Hearing

DHSMV Hearing in Miami

Get your license back!

The DHSMV hearing (often referred to as a DMV hearing) is one of the most crucial parts of any DUI case. After an individual has been charged with a DUI in the state of Florida, they only have 10 days to schedule a hearing with the Florida Department of Highway Safety and Motor Vehicles in order to protect the privilege to operate a vehicle. If you fail to schedule or attend this hearing, your license will be suspended by a period of time depending on the circumstances of your arrest.

If you failed a breath test because your BAC was higher than 0.08%, you will face an automatic six month license suspension if you do not attend the DHSMV hearing. If you refused a breath test from a police officer, this time period is lengthened to 12 or even 18 months if you had a prior refusal. A lawyer at our firm can help you file for this hearing in the correct manner and can represent you during the hearing so that you can have the best results possible.

At this hearing, you will be able to challenge the evidence that got you arrested in the first place. Let us look at a hypothetical scenario. Say “Jack” was driving when he noticed lights in his rearview mirror. He pulls over and speaks with the officer who said he noticed some irregularities and patterns of reckless driving. The officer then asks Jack to step out of the vehicle and walk in a straight line. Jack is nervous, so he fumbles a bit. Next, the officer asks Jack to blow into a breath machine. Jack knows he is not over the legal limit of alcohol, but he did recently finish a drink. This causes the breath machine to read a high intoxication level on his breath, so he is arrested for drunk driving. Jack has only ten days to get in touch with an attorney and then appear at a DHSMV hearing to challenge the evidence that caused him to be arrested. While this will not automatically drop his criminal charges, it will determine whether or not he gets his license back.

Defense for Non-Criminal Hearings

If you lose the right to drive, your ability to work and carry on with your social life will be significantly hindered. Once you file for the DHSMV hearing, you will receive a temporary driver's license permit for approximately 42 days. The DHSMV hearing is the only opportunity you have to challenge the suspension of your driving privileges and to have them reinstated, and you need the help of our legal team.

Here at Parks & Braxton, PA, we have over 40 year of aggregate legal experience handling criminal cases in Florida. Our partners have led DUI seminars throughout the state and have counseled hundreds of attorneys on the art of winning DUI cases. Don't wait to call our firm and receive the legal guidance and representation that you need during this time. Our Miami DUI lawyers have already handled thousands of cases successfully, and we invite you to be our next success.

Obtain Immediate Legal Help

To save your license, you must take action within 10 days. Contact a partner about your case today by calling 305.928.1791, or fill out the form here.

Get in Touch Now