DHSMV Hearing in Florida

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After a DUI arrest, you have ten days to request a hearing with the DHSMV (Department of Highway Safety and Motor Vehicles) or your license will automatically be suspended 30 days after the date of your arrest (the arresting officer will confiscate the license at the time of your arrest.) A DHSMV hearing is a way for you to get your license back until your criminal trial, when guilt or innocence regarding the DUI charge is determined.

The presence of an experienced criminal defense lawyer at your DHSMV hearing is the best way to prepare for your trial – and to have a better chance of getting your license back until your trial. Having your attorney involved in your case from the beginning will only increase his/her familiarity with the situation and circumstances involved and will increase your chances of winning in the end by successfully building a firm foundation for your court case.

Driving Under the Influence DHSMV Hearings in Florida

A DHSMV hearing is similar to a court appearance in that evidence is presented and witnesses and testimonies are heard. After all pertinent information is heard, a DHSMV representative will make a decision as to whether you will retain your license until your final court judgment.

In order to qualify for a valid DUI charge and to have a DMV hearing to present your initial case, several factors must be in play:

  • You were driving the vehicle
  • You were legally stopped
  • Your arrest was legal and done as per standard procedure
  • The tests determining your blood alcohol concentration (BAC) were performed correctly and legally
  • The results of your BAC test were .08% or above, or .02% or above if you were under the age of 21 at the time of arrest


At LeavenLaw, our skilled DUI defense attorneys and staff will represent you at your DHSMV hearing and will do their utmost to help you keep your license. We treat each case individually and use our extensive experience in Florida criminal law to ensure your rights were not violated; if they were, we will use that to your advantage at your DHSMV hearing.

Arrested for a DUI in St. Petersburg or Tampa? Contact us today! (855) 532-8365