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 45 years 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.