After a Florida DUI arrest, you may receive paperwork about a criminal charge along with a separate notice about your driver’s license. Since both stem from the same arrest, it can be difficult to know whether your court case also determines what happens to your driving privileges or whether you need to address both matters separately.
Here is what each process involves and how they affect you.
The criminal DUI case
This determines whether you face penalties for the alleged DUI offense. The prosecution must prove its case in court, while you have an opportunity to challenge the evidence, negotiate a resolution or take the matter to trial.
The court can impose penalties under Florida law upon conviction, including:
- Fines
- Probation
- Community service
- DUI education requirements
- License revocation
The length and type of penalties depend on factors such as whether you have prior DUI convictions and whether aggravating circumstances apply. Florida law requires the court to revoke your driving privilege after a DUI conviction, with the length depending on the circumstances and your prior record.
The administrative license suspension
What happens during the traffic stop and testing process can affect your driving privilege separately from the criminal case. Florida law allows an officer to suspend your driving privilege if you have an unlawful blood or breath alcohol level of .08% BAC or higher or refuse certain chemical testing.
This starts with the notice of suspension and has its own deadline. You generally have 10 days from the date the notice is issued to request a formal or informal review. The suspension itself can last six months for a first qualifying alcohol-level offense or one year for a first refusal.
How the two processes differ
The criminal case and administrative suspension do not wait for each other to finish. You could still have a pending DUI charge in court while the state is already addressing your driving privilege through the administrative process.
The two proceedings also use different standards and serve different purposes. The administrative review focuses on whether the statutory requirements for the suspension were met, while the criminal case determines whether you should face criminal penalties for DUI.
Address both parts from the start
A DUI arrest requires attention to both the criminal charge and your driving privileges. Reviewing your arrest paperwork and notice of suspension with an attorney can help you identify applicable deadlines and options. Addressing both matters separately can help you protect your driving privileges while the criminal case continues.