When you are arrested for driving under the influence of alcohol in Florida, you has two issues to be addressed:
- The criminal part of the case.
- The administrative part of the case.
In the administrative case the state of Florida submit formal charges against you (information) for breaking the Florida Statutes. If you receive a criminal charge of driving under the influence, you would face a number of possibilities including incarceration, probation, restitution, community service, mandatory classes or counseling for abuse of controlled substances, immobilization of your vehicle and more.
In addition to any criminal charge against you, DMV may impose administrative sanctions, may limit or revoke your license, even before the criminal part of the case is solved. For example, if you blow 1.8 or higher on a breath test your driving license will be suspended for 6 months if you do not submit to a breath test, blood or urine, your license will be suspended for 1 year, and if it is the second time that you refuse to undergo any of these tests the suspension is for 18 months. These suspensions occur automatically if an audience for a review is not requested within 10 days since the arrest. The opportunity to avoid an administrative suspension can only occur if the hearing request for a formal review is properly submitted, if the application is submitted on time, the individual would receive a temporary driving permit. Once won the audience for formal review your driving privileges would be reinstated.