If you were recently arrested for DUI, you must make a big decision in less than 10 days. The officer likely confiscated your license, suspended your right to drive, and issued you a DUI ticket. What will you do now in response to the administrative suspension of your driver license? Should you demand or waive a formal review hearing? What option is best for you?
These questions can only be answered based on the specifics of your case after consultation with an experienced DUI defense attorney. Some drivers, such as those with a prior suspension or a CDL holder, may not have the option to waive a formal review hearing and must therefore demand a hearing. Others may have a defense to the stop, arrest, refusal, or breath test. Always consult with a criminal defense attorney experienced in DUI law.
If this your first arrest for DUI, the benefit of waiving a formal review hearing could be that the driver will avoid the hard penalty of no driving (30 days for an unlawful test vs. 90 days for a refusal).
The downsides to waiving a formal review hearing may outweigh the benefits however. A driver must consent to the administrative suspension of their driver license in order to waive a formal review hearing and avoid the hard penalty of no driving. The suspension will remain on the driving record for life. Any person that reviews your lifetime driving record will see the suspension. This could include police, prosecutors, DMV, insurance companies, landlords, employers, and more. A first suspension will also enhance future penalties for a second offense. A second refusal can also be charged as a first-degree misdemeanor.
Travis Mydock is an expert and specialist when it comes to DUI defense in Saint Johns County, Florida. As a Board-Certified Criminal Trial Lawyer, he has the experience and reputation to help guide you successfully through this challenging time.
Attorney Travis Mydock has the knowledge and skill to aggressively defend all aspects of your DUI case. He will consult with you on the best strategy for your case; from mitigation to litigation or a trial. He has defended 1000’s of cases including: First Offense, Second Offense within 5 years, Third Offense within 10 years, Fourth Offense, DUI serious bodily injury, and DUI manslaughter.
Call Mydock Law at (904) 864-3002 for a free and confidential case evaluation.
Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.