A DUI arrest in Fort Myers or elsewhere in Lee County can lead to two separate legal proceedings. One involves the criminal DUI charge. The other concerns the driver’s license and possible administrative suspension through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Although both proceedings arise from the same arrest, they follow different procedures and can have different consequences.
What is the administrative process?
The administrative process concerns a driver’s driving privileges and is handled by the FLHSMV rather than the criminal court.
Under Fla. Stat. § 322.2615, an administrative license suspension may result from an unlawful breath or blood alcohol level of 0.08 or higher or a refusal to submit to a lawful test.
The administrative suspension generally begins on the date the notice of suspension is issued. An otherwise eligible driver may receive a temporary driving permit with the DUI citation that is valid for 10 days, subject to applicable restrictions. Drivers should check their documents to confirm whether a permit was issued. The temporary permit does not delay the beginning of the suspension period.
A driver generally has 10 days after the notice of suspension is issued to request a formal or informal administrative review. Depending on eligibility, some drivers may instead qualify to waive administrative review and seek restricted driving privileges.
Restricted-license eligibility may involve additional waiting periods and requirements depending on the circumstances of the suspension.
The decision is important because waiving administrative review means giving up the opportunity to challenge the suspension through that process. Requesting a hearing also does not automatically stop the suspension.
What is the criminal process?
The criminal DUI case is separate from the administrative driver’s license proceeding. It generally involves court appearances, review of the prosecution’s evidence, possible pretrial motions, negotiations and, when necessary, a trial.
Depending on the circumstances, penalties for a Florida DUI conviction may include:
- Fines and court costs
- Probation or incarceration
- DUI school and substance abuse evaluation
- Community service
- Driver’s license revocation
- Vehicle immobilization or impoundment
- Installation of an ignition interlock device
The potential penalties depend on factors such as prior DUI convictions, alcohol levels, whether a minor was present in the vehicle and whether an accident caused property damage or injuries.
The administrative and criminal proceedings are separate, but their outcomes can sometimes affect one another. A driver may successfully challenge an administrative suspension and still face criminal prosecution. In certain circumstances, a not-guilty verdict at trial on the underlying DUI charge requires invalidation of an administrative suspension based on an unlawful alcohol level under Fla. Stat. § 322.2615(16).
How can an attorney help with both proceedings?
Because these proceedings involve different rules, evidence and deadlines, it is important to evaluate both aspects of a DUI arrest.
An attorney can examine the circumstances of the traffic stop, the officer’s observations, breath or blood testing procedures, and any available body-worn camera or in-car video recordings. The evidence may raise different legal issues in the administrative proceeding and the criminal case.
Attorney Lee Viacava represents individuals charged with DUI in Fort Myers and throughout Lee County. He personally reviews the evidence and circumstances of each case to determine what legal challenges or defense strategies may be available.
If you have been arrested for DUI in Lee County, contact Lee Viacava Law Firm at 239-672-8934 to schedule a free consultation and discuss your options.