A Florida DUI / DWI arrest triggers two separate cases – in court, and at the Department of Motor Vehicles. Both require expert legal counsel, but the DMV case is far more time-sensitive. Motorists arrested for driving under the influence in Florida have only 10 calendar days to request a DMV hearing, or risk losing their licenses. A Florida attorney who focuses on drunk driving defense will fight to protect a driver’s license at a DMV hearing and launch an aggressive criminal defense.

In order to suspend a driver’s license, the DMV hearing officer must establish three facts: That police had a reasonable belief that a crime was committed, that the arrest was lawful, and that the driver was found to have a blood alcohol content (BAC) of .08 percent or greater. If those three facts are established, the license will be suspended.

An accused drunk driver’s DMV hearing can be especially challenging because there is a much lower standard of proof than in criminal court. Unlike a trial, where a defendant must be proven guilty beyond a reasonable doubt, the facts at a DMV hearing must be established merely by a preponderance of the evidence – the lowest standard of proof in law.

DMV hearings are complex and technical, and typically involve documentary evidence rather than live testimony. The evidence presented usually includes the police report, the driver’s chemical test results, and other documents. Although a driver who goes into a DMV hearing unprepared and alone will likely lose his or her license, these hearings can be fought and won. An experienced Florida criminal defense attorney who focuses on drunk driving defense can often successfully challenge chemical test results and other evidence.

It’s not uncommon for accused drunk drivers to miss the 10-day DMV hearing request deadline, particularly those licensed outside of Florida. Out-of-state drivers may not be concerned about losing their Florida driving privileges, but because of the Interstate Driver’s License Compact, information about driving-related crimes is shared between states.  This means that if a driver licensed in another state is arrested on suspicion of DUI / DWI in Florida, the motorist’s home state may learn about the DMV action, and subsequently suspend the driver’s license.

The DMV consequences of a drunk driving arrest are separate from any court punishment. DMV consequences vary, depending upon the number of DUI / DWI priors on a driver’s record and whether a chemical test of blood or breath was given, or whether the driver refused to take the test.