DMV Hearings

DMV Hearings

The Police Officer Took my Driver’s License After I Was Arrested for DUI. How do I Get it Back?

When you are arrested for DUI, two different things occur. As commonly known, you will be charged with a criminal offense and have to face a judge. In Florida, though if you blow over a .08 or refusal breath, blood, or urine test, your driver’s license is automatically suspended requiring that you also deal with the Florida Department of Motor Vehicles (DMV). The same applies if you provide a blood sample that is later found to contain an unlawful alcohol amount. This is called an administrative suspension. Depending on your circumstances, this suspension can be for six (6) months, twelve (12) months or eighteen (18) months.

If your driver’s license is suspended either because you refuse a test or your alcohol level is over the legal limit, you have several choices as to how to proceed as set out in Florida Statute 322.2615. (link) You must act quickly, however, as you only have ten (10) days to decide. The citation you are issued acts as your driver’s license for these ten (10) days if your driver’s license was valid at that time of your arrest. Call us to find out how what to do and how to continue to drive after the ten (10) days has passed.

  • Policeman Takes Woman's Driver's License – Jacksonville, FL – Epstein & Robbins

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Do I Need an Attorney?

The process to contest the license suspension imposed under these circumstances is complicated. In addition, in order to win a hearing about your driver’s license at the DMV, the person representing you at that hearing must be knowledgeable in the technicalities of the process. We are familiar with the administrative review hearing process and have the knowledge and experience for the best possible chance for success. The attorneys at Epstein & Robbins speak at statewide seminars teaching other attorneys how to effectively represent their clients at DMV hearings. 

We can help our clients with the following:

  • File the request for the hearing within the 10-day window.
  • Complete the necessary paperwork.
  • Arrange for the necessary witnesses.
  • Represent you during the hearing.

What is a Hardship License?

A hardship license enables individuals to keep driving on a limited basis, for such things as work, church, groceries, school, and doctors. You have several options regarding when you are eligible for a hardship license as it relates to an administrative suspension.

Let us help you navigate this system. Contact us today by calling 904-354-5645 to schedule a free consultation.

Can I Appeal if I Lose at the DMV

If the hearing officer upholds the suspension after your hearing, you can appeal that decision to the circuit court. This appeal must be started within thirty (30) days of the ruling or you can no longer appeal. Under some circumstances, you can even successfully appeal to a higher court. At Epstein & Robbins we have filed numerous appeals related to DMV hearings and have been instrumental is establishing law that has statewide impact. Some examples of our successful appeal cases include:

  • Dep’t of Highway Safety and Motor Vehicles v. Hernandez, 74 So. 3d 1070 (Fla. 2011)
  • Wiggins v. Department of Highway Safety and Motor Vehicles, 209 So.3d 1165 (Fla. 2017) 
  • Dep’t of Highway Safety and Motor Vehicles v. McClung, 878 So. 2d 480, (Fla. 1st DCA 2004)
  • Dep’t of Highway Safety and Motor Vehicles v. Trimble, 821 So. 2d 1084(Fla. 1st DCA 2002)
  • Dodson v. Dep’t of Highway Safety and Motor Vehicles, 111 So. 3d 266 (Fla. 1st DCA 2013)
  • Dep’t of Highway Safety and Motor Vehicles v Carillon, 95 So. 3d 901 (Fla. 1st DCA 2012)
  • Lee v. Dep’t of Highway Safety and Motor Vehicles, 4 So. 3d 754 (Fla. 1st DCA 2009)
  • Dep’t of Highway Safety and Motor Vehicles v Pitts,
  • 815 So. 2d 738 (Fla. 1st DCA 2002)
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