Motorists arrested on suspicion of drunk driving or driving under the influence of drugs (DUID) sometimes are unaware of the connection between the arrest, the Department of Motor Vehicles, and their drivers’ licenses. DUI / DWI arrests trigger two different cases – in superior court, and at the DMV.  An unsuccessful defense of either case will result in the driver’s license being suspended.

A skilled Florida DUI / DWI criminal defense attorney will prepare an aggressive defense for both cases, but the DMV case is far more pressing. A motorist arrested for drunk driving in Florida has only 10 calendar days from the date of arrest to request a DMV hearing. If no hearing is requested within the 10-day period, the DMV will automatically suspend the driver’s license for six months. Even motorists licensed in other states will lose their Florida driving privileges without a successful DMV hearing, and their licenses may be threatened in their home states as a result of the Interstate Driver’s License Compact.

What happens at a Department of Motor Vehicles hearing depends on whether the driver submitted to a chemical test to determine blood alcohol content (BAC), or refused the test. If the motorist submitted to a chemical test, there are three issues – whether the arresting officer had probable cause to make an arrest, whether the arrest was lawful, and whether a chemical test showed that the driver had a BAC of .08 percent or greater. If these three facts are found to be true, the license will be suspended.

If the motorist refused to take a chemical test to determine BAC, he or she faces stricter repercussions. If the driver loses the DMV hearing, the length of the license suspension will be substantially longer than for a motorist who submits to a chemical test.

The Department of Motor Vehicles hearing is extremely technical in nature, and usually centers on police reports and chemical test results. The evidence typically introduced at a DMV hearing is considered hearsay, which is generally inadmissible. This is why it’s important to be represented by a lawyer who is knowledgeable about the DMV hearing process. A skilled attorney will challenge hearsay evidence, and if it cannot be introduced, the DMV will not suspend the driver’s license.

The Department of Motor Vehicles hearing focuses on the administrative aspects of a DUI / DWI case, not the criminal – the DMV has the power to revoke, suspend, or restrict a driver’s license. The DMV’s action is civil, not criminal.  Therefore, drivers have far fewer constitutional protections at a DMV hearing than in criminal court. 

One unusual aspect of a DMV hearing is that the prosecutor and the judge are the same person, meaning the individual who presents the case is the same person who will decide the driver’s fate. The hearing officer isn’t even a judge or an attorney – it’s a DMV employee.

A motorist arrested for drinking and driving for the first time will receive a six-month license suspension after an unsuccessful DMV hearing. Motorists who agreed to take a chemical test on a second or subsequent drunk driving arrest face a suspension of one year. Drivers facing a first offense who refused a chemical test will lose their licenses for one year. Motorists found to have refused a chemical test more than once will lose their licenses for 18 months. Some drivers may be eligible for a restricted license to drive to work.