Polk County Criminal Defense Attorney
Polk County Criminal Defense Lawyer Attorney Profiles Criminal Defense Case Evaluation Contact
A criminal conviction can impact your life forever. Educate yourself on the criminal process today. We've been on both sides of the fight. Now we're on yours. Learn more about the benefits of hiring a law firm with prosecution knowledge. Read why having a knowledgeable criminal attorney on your side, can put everything into perspective.
1102 South Florida Ave. Lakeland, FL 33803

DMV Administrative Hearings in Florida

Polk County DUI Defense Lawyer

Those who are stopped under suspicion of drunk driving will most likely be asked to take a chemical test that will test their blood alcohol content (BAC). If a suspect's BAC is over .08%, then that individual will be arrested and have his or her license suspended. A driver's license will also be suspended if he or she refuses to take the blood or breath test. Florida operates under the implied consent law, which means that anybody who operates a vehicle automatically consents to a chemical test if they are asked to take one.

Requesting an Administrative Hearing

Once you have been arrested for driving under the influence, you have ten days to request a DMV Administrative Hearing. This will allow you to challenge your license suspension. If you don't request a hearing within the allotted time, then the suspension will continue for a minimum of 90 days. To request the hearing, you may mail a written request to the DMV. In the request, you must include the information below:

  • Contact info
  • Driver's license number
  • Date of arrest
  • Date of birth
  • Contact info for your attorney
  • Date and times that you are not able to attend a hearing
  • Statement of any issues that you will bring up at the hearing
  • Request for an interpreter, if necessary

It is important to note that simply requesting a hearing does not ensure that your license will be returned to you. Make sure that you have a tough legal representative at your side by hiring a Polk County criminal defense lawyer at Ayo and Iken, PLC. With our 35 years of experience, you can be confident in our abilities to handle your case.

After the request is submitted, the DMV will set up a hearing within a month. It will occur in the hearing office that is closest to the site of your arrest, overseen by an Administrative Law Judge. At the hearing, the arresting officer will try to prove that your stop was valid and that you refused the test. For those that took the test, the officer will attempt to bring evidence that the test was administered with the proper procedure.

A knowledgeable lawyer may be able to prove that the officer did not accurately complete the paperwork or did not follow the right procedures as he or she was administering the test. Make sure that you have a competent legal representative by your side at the hearing. Once the hearing is complete, the Administrative Law Judge will give you a verdict. If you won the hearing, then your license will not be suspended. If the ruling is not in your favor, then you may be able to appeal to a higher court.

Unfortunately, the DMV proceeding does not affect the outcome your DUI charges. You will still be required to go to court. If the judge or jury finds you guilty, then your license may still get suspended, even if you won the DMV hearing.

Tough Representation

If you've been arrested for driving under the influence of intoxicants, then you need a DUI attorney from our firm to represent you. Our firm is equipped with former prosecutors, who understand the prosecutions tactics and can defend against them. Trust your case to an attorney who knows the Florida DUI laws and the proper police procedure

We are eager to begin helping you get your license back, so contact our office before it's too late. We offer a free consultation for those who are interested in retaining our services.

Learn more info by reading our law blog.

Polk County Criminal Defense Attorney | Criminal Defense | Contact Us | Site Map | Privacy Policy

Attorney Web Design

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.