I Failed a Breathalyzer Test. What Happens to My Drivers’ License?

Unless an appeal is successful, the state will suspend your drivers’ license if you fail a Breathalyzer test. The state will also suspend your license if you refuse to submit a chemical sample upon reasonable demand. Very strict time deadlines apply in these situations. Usually, drivers have only ten days to request appeal hearings. If they miss that deadline, the full suspension period automatically goes into effect. Given the lengthy drivers’ license suspension period in these cases, this deadline is something DUI defendants cannot afford to miss.

An Administrative License Suspension appeal hearing is an uphill battle for a Tampa criminal defense lawyer. Since ALS hearings are civil proceedings, many constitutional protections don’t apply and the burden of proof is lower. Nevertheless, a good lawyer can usually obtain a favorable result at these hearings. Furthermore, defendants have a responsibility to at least try. When people let the government run roughshod over their rights, there’s no telling what the government might do next.

Potential Suspension Periods

The maximum ALS suspension period for a first failure is six months. This period includes a thirty-day “hard” suspension during which defendants cannot drive even if they have hardship licenses. More on that below. Suspension periods for subsequent failures, especially if the prior failure was less than five years earlier, are even more substantial.

To avoid the suspension, drivers can either appeal the suspension or waive the appeal and apply for hardship licenses. These licenses usually allow defendants to drive to and from school, to and from work, and for other essential purposes.

A Tampa criminal defense lawyer carefully evaluates a case and advises defendants whether it’s best to appeal the suspension or accept the hardship license. This evaluation must take place quickly, because as mentioned above, the clock is ticking.

ALS Appeals in Florida

Usually, although the choice is a hard one, an appeal is the best alternative. We mentioned some of the difficulties a Tampa criminal defense lawyer faces at ALS appeal hearings above.

However, the state still has the burden of proof to establish that officers had probable cause to demand a sample. If the defendant refused to provide field sobriety tests, probable cause is almost impossible to establish in these matters. So, if the evidence is weak, an attorney can usually at least reduce or probate the suspension period.

Furthermore, an ALS appeal hearing allows a Tampa criminal defense lawyer to cross-examine the arresting officer on the record. So, the ALS hearing is essentially a free deposition that’s normally unavailable otherwise.

Finally, the worst possible ALS outcome is the maximum drivers’ license suspension period under the law. That would’ve happened even if the defendant did nothing. So, an ALS appeal is a no-risk proposition.

Reach Out to a Dedicated Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.2615.html