How A Tampa DUI Lawyer Can Prevent A DUI Defendant's Drivers License From Being Suspended
Under Florida DUI law, if a Tampa DUI attorney requests a formal review hearing within ten days of the arrest the Florida Department of Motor Vehicles will grant a stay for up to 42 days. The stay will keep the driver's license in effect and delay the suspension for the lesser of either 42 days or until the completion of the license suspension review hearing. It currently takes the DHMSV approximately four weeks to schedule the administrative review hearing. Therefore, the driver should be able to continue driving for at least another 4 weeks after the arrest was made. However, the request for the administrative hearing must be submitted by the Tampa DUI attorney within ten days of the arrest or else the driver will lose his right to appeal the suspension. Thus, it is imperative that the defendant hire a competent Tampa DUI lawyer immediately after his arrest. The lawyer will need to review the facts of his client's case and file the review hearing request with the DHSMV before ten days elapse from the time of the arrest
The administrative review hearing will be conducted by a hearing officer who is employed by Florida's Department of Highway Safety and Motor Vehicles. The hearing officer has the authority to issue subpoenas and administer oaths to help determine if the license suspension should be overturned. During the administrative review hearing the Tampa DUI lawyer will be able to present legal arguments and cross examine the arresting officer. Â The cross examination of the arresting officer may be very important to both the license suspension verdict and the criminal DUI trial. The Tampa DUI lawyer may use any inconsistent statement made by the arresting officer in the license hearing to impeach his testimony at the criminal DUI trial.
A DUI arrest in Tampa, FL can result in grave consequences for the driver. If you were arrested for a DUI in Tampa it is imperative that you contact an experienced DUI lawyer for legal advice right away.Â