There are two types of license suspensions: the administrative suspension and the criminal suspension. With the help of an attorney you can challenge both and possibly avoid a suspension!! The attorneys of Finebloom, Haenel & Higgins have the experience needed to defend you and protect your driving privileges.
How long is the administrative suspension?
The administrative suspension does not require a conviction, only an arrest. In an administrative suspension your license is suspended for the following time periods:
- 1st DUI 6 months
- 2nd or more DUI one year
- 1st refusal 12 months
- 2nd or more refusal 18 months
YOU ONLY HAVE 10 DAYS FROM THE DATE Off ARREST TO CHALLENGE THIS SUSPENSION! Do not delay! Call us today at 813-200-4421 to protect your driving privilege.
How long is he criminal suspension?
The criminal suspension of a drivers license can last anywhere from six months for a first time DUI, to a permanent revocation if you are a repeat offender. The general guidelines for suspensions are as follows:
- 1st DUI: Minimum six months, maximum one year.
- 2nd DUI outside of 5: Minimum six months, maximum one year
- 2nd DUI within 5: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year.
- 3rd outside of 10: Minimum six months, maximum one year
- 3rd within 10 years: Minimum 10 years revocation. May be eligible for a hardship reinstatement after two years.
- 4th DUI: Mandatory permanent revocation. No hardship reinstatement.
- DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
- DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. Maximum permanent revocation
What if I have a Commercial Driver’s License or “CDL”?
CDL drivers are held to a stricter standard. Instead of a .08, the limit for a CDL driver is .04 or half that of the “legal limit.”
If you hold a CDL and you blew over a .04 your CDL will be suspended for one year. If fit is the second time you have blown over a .04 your CDL will be revoked permanently.
You can not get a hardship license if you have a CDL.
The Hardship License
If your license is suspended wither administratively or through the criminal case, you may still be eligible for a hardship license. In order to qualify you must meet the following criteria:
- a) You can’t have more than two DUI convictions.
- b) You must currently be enrolled in, or have competed, Dui School
- c) If you challenged your administrative suspension and lost, you must have served out the “hard time”. The hard time period is 30 days if you blew, 90 days if you refused.
If you meet these requirements you can request a hearing to obtain a hardship license. If you are granted the hardship license, you take the approval form to your local driver’s license office for issuance.
If you got the hardship license before you finished DUI School, you must complete the classes and treatment within 90 days or they will suspend your hardship license. It will remain suspended until you finish.
The successful defense of your case can keep you on the road and away from the hassles of a suspension or hardship license. Do not accept a plea that involves the suspension of your license before you speak with us! At Finebloom, Haenel & Higgins our attorneys have the knowledge to help you challenge these suspensions. Call us now at 813-200-4421. Our attorneys are standing by 24/7 to speak with you.
