License suspension is a very real potential consequence of a DUI drunk driving arrest in South Florida.  The law stipulates a number of ways a driver can lose their driving privilege due to their actions or inaction, but the most common way is probably refusing to take a roadside sobriety test.  If you refuse to take a roadside sobriety test and are found guilty of driving under the influence, you face a license suspension of at least one year, and second or subsequent refusals merit an 18 month suspension.

The reality is if you are charged with driving under the influence, you need to have the best drunk driving lawyer possible.  If not, Florida law can rescind your driving privilege in a number of ways.  According to state law:

Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

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Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

• Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
  
  
• Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
  
  
• There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

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There are few of us that can go through life without needing to drive on an almost daily basis.  Losing this privilege can be devastating, and severely handicap an individual’s lifestyle.  Furthermore, commercial drivers that are convicted of drunk driving in South Florida risk losing their ability to drive their vehicle; potentially losing their main source of income.

Make the choice to protect your driving privilege.  If you are facing a DUI charge in South Florida, chose the drunk driving lawyers that defended thousands of people in your exact situation for the past 50 years. Contact Essen, Essen, Susaneck, & Cohen, P.A today.

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