Gainesville DUI Lawyer
ABOUT ALS HEARINGS & THE "10 DAY LETTER"
If you have been arrested on a DUI offense, you have up to ten days to schedule a hearing to avoid having your license suspended. To request a hearing, you have to submit a letter within this ten day window. Often, individuals do not know about this window and miss the opportunity to retain their license. The amount of time that your license is suspended depends on several factors, such as prior DUI convictions.
If this is you first DUI conviction and no accident or injury occurred, your driver's license suspension will be for one year, but you may be able to get a restricted license after a month of suspension. If you refused the state mandated blood, breath, or urine test (not the field sobriety test) you will have you license suspended for a year with no exceptions. This type of suspension is called a "hard suspension" - you will not be able to obtain a restricted license.
DUI DEFENSE ATTORNEY
There are several factors that will help the judge determine if you will be able to keep your license, such as:
- Does the arresting officer have evidence that indicates you were operating a vehicle while under the influence?
- Did the accident result in serious injury or a fatality at the time of the accident?
- Were you advised of your implied consent rights and the consequences of refusing to test your blood alcohol concentration (BAC)
- Did you refuse the BAC test?
- Did the BAC test register at .08% or above for an adult, .02% or above if you are under 21, or .04% or above if you hold a commercial license?
- Was the test administered properly by a qualified person and were you advised of your right to an independent test by a qualified person of your choosing?
The factors mentioned above will impact the possibility and duration of your suspended license. A Gainesville DUI defense lawyer may be able to provide evidence that there were not reasonable grounds to arrest you. There are a variety of actions that the defense can take to make it possible for you to keep your license. If you lose your hearing, you have the right to appeal the decision.