The DUI ALR Process Explained
Driving Under the Influence is a crossover matter that often has implications in both criminal and civil court. These civil court consequences usually include the Administrative License Revocation process. Usually, a failed or refused chemical test triggers this process, which allows the state to suspend a defendant’s drivers’ license without a conviction and, in many cases, before the criminal matter even goes to court.
The ALR process often sneaks up on many defendants. The notice is usually buried in a sea of paperwork that defendants receive when they get out of jail after the arrest. So, the notice period, which is only ten days, often expires before a defendant reaches out to a Tampa criminal defense lawyer about the matter. As outlined below, effective representation is very important at the ALR hearing, because even if you lose, you win.
The Process
An administrative drivers’ license suspension lasts a maximum twelve months for a first test refusal and eighteen months for a subsequent test refusal, or six months for a first failure and twelve months for a subsequent failure.
In the old days, if a Tampa criminal defense lawyer did little more than show up, a lawyer could usually derail the ALR process. A lawyer usually kept resetting the ALR hearing until the arresting officer didn’t show up, at which time the administrative law judge threw the case out of court.
Today, administrative law judges have the power to unilaterally reset hearings, so that trick doesn’t work anymore. Additionally, the Fifth Amendment doesn’t apply in non-criminal proceedings. So, in some cases, the ALJ could force defendants to testify against themselves.
The ALJ will suspend the defendant’s drivers’ license if the officer had probable cause to demand a chemical test sample. Circumstantial evidence of consumption, such as bloodshot eyes and slurred speech, normally establishes probable cause.
Possible Outcomes
Since probable cause is a relatively low standard, the ALJ normally determines that sufficient evidence exists to impose the maximum suspension period under the law.
However, in some cases, the aforementioned circumstantial evidence is either very shaky, because the officer rushed through the investigation, or unavailable, because the officer skipped this part of the process altogether. In these cases, the ALJ usually reduces the suspension period or probates it.
In the event of a full or partial suspension, an occupational or limited drivers’ license is usually available. An ODL usually allows defendants to drive to and from work, to and from school, and for other essential purposes.
ODLs prevent a bad situation from becoming worse. DWLS (Driving While License Suspended) is a separate criminal offense in Florida. We should also mention that drivers’ licenses don’t magically become valid again when suspension periods end. These drivers must normally pay reinstatement fees, provide proof of insurance, and jump through other hoops.
Furthermore, regardless of the outcome, a Tampa criminal defense lawyer has a chance to cross-examine an arresting officer on the record at an ALR hearing. So, an ALR hearing is like a free deposition. The hearing transcript is admissible at the trial to impeach the officer, should s/he make any inconsistent statements.
Additionally, the full license suspension period is the possible outcome at the ALR hearing. Since the ALJ would have done that anyway, there’s no risk.
Connect With a Hard-Hitting 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. Convenient payment plans are available.
Source:
flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
