Have you ever wondered what would happen if you refused to take a breath test or blood test to check your blood alcohol level? This is what you should know about administrative driver’s license suspension.
What is an administrative driver’s license suspension?
Florida is one of the 44 states that have administrative driver’s license suspension or revocation laws. If the police pull you over for any reason and they suspect a DUI, they can request that you submit to field testing, a breath test and/or blood or urine alcohol testing. If you refuse, the officer can suspend your license through the ALS or ARL laws. States have different suspension periods, but Florida’s period is one year for your first refusal and 18 months for any further refusal.
Can you challenge this type of suspension?
You can receive a suspension even if you did not drive under the influence. If you receive a license suspension, it is effective immediately. You may receive a 10-day permit from the arrest date that becomes valid 12 hours after your arrest. However, you can request a hearing in writing within this 10-day period. During the hearing, which should take place within 30 days after your request, you can present evidence to support the revocation of your suspension. Expect a decision within seven days.
Can you still drive with a suspended license?
In some states, you may receive limited driving privileges even if your license gets suspended. However, this is a felony or misdemeanor in Florida, resulting in possible jail time and fines. You may also receive an extension on your license suspension.
Your best defense against an ALS involves avoiding drinking and driving.