A DUI charge will also result in an automatic suspension of your driver’s license. But, take heart, there is a way you can maintain at least a limited right to drive. In order to keep your license you have to make a request for a review of the suspension, and you have to do it within ten days of your DUI arrest. Making this request is a must if you need to get to school, or to work, or take part in a carpool for your kids. Knowing what to expect when you ask for a review of your license suspension will help, not only with the suspension but also with the underlying DUI charge.

Once the request for a hearing is timely made, you will be given notice of the date of the hearing. Your DUI defense attorney will help to prepare you for this event, but here are three things you can expect at the review hearing:

  • The arresting officer may or may not appear. If the officer does not appear, do not think this is an automatic win for you; there are times where the suspension is upheld even without the officer present to give testimony. Being prepared for this possibility will make it easier for you to prepare, by giving your own testimony about what happened at the traffic stop and by requesting any documents signed by the officer are not allowed in as evidence.
  • You will be asked to give information about your need to drive, and what type of hardship will be worked upon you and/or your family if you are not permitted at least a limited license.
  • There is no judge at the administrative review, just a hearing officer. After all of the evidence is presented, this hearing officer will make a decision about your driving privileges.

Most cases are resolved by having a limited license issued, which will give you the right to drive under certain circumstances during the pendency of your DUI case. The circumstances under which you will be permitted to drive with a limited license are generally restricted to going to work, Church, and school. The administrative hearing is separate from your DUI defense, but valuable information can be obtained at this hearing, especially if the arresting officer does appear. For more help with DUI defense, call us today.


For more information about driving privileges and DUI defense, call our office today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.