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Florida’s Administrative Suspension Process Changes July 1, 2013

In Florida a driver who was arrested for DUI would face an administrative suspension of his or her driving privilege. However, they could challenge this suspension using the “Formal Review” process. If they won they would get their regular license back. However, if they lost, or if they did not challenge the suspension, their privilege to drive would be suspended. If they took the breath test, they would lose their privilege to drive for 6 months. If they refused to take the breath test, the suspension would be for 12 months for a first refusal and 18 months for a second or subsequent refusal. Further, if they took the test, there would be a period of 30 days of no driving whatsoever followed by the balance of the suspension using a hardship license which would allow driving for certain tasks such as work and education. Refusing to take the breath test would lead to a 90 day period of no driving prior to eligibility for a hardship license.

Beginning July 1, 2013, the system has changed. Regardless of whether or not a motorist takes the breath test or refuses, first offenders who do not fight the administrative suspension of their driving privilege, but give up the right to challenge this suspension will still have their license suspended, however, there will be no period during which you cannot drive using a hardship license (as long as you otherwise qualify). This change will likely reduce the number of motorists willing to challenge the suspension. Motorist should beware though. This suspension will be a permanent part of your driving record if you do not challenge it, even if your court case is dismissed. Further, under Florida Law, if you qualify to have your record sealed or expunged, this administrative suspension of your driving privilege will remain on your driving record.

The experienced DUI attorneys at Katz & Phillips, P.A. are available to discuss these changes in Florida law with you, or answer any questions that you have regarding your DUI arrest. Call statewide toll free 866-464-0782. Offices located in Gainesville, Tavares, Longwood, Orlando, and Tampa. Our attorneys strive to be the best in their field. Many of our DUI focused attorneys have lectured nationally on DUI and criminal defense. The Attorneys of Katz & Phillips, P.A. have authored or coauthored 8 books on DUI defense. David Katz is one of only three attorneys in the State of Florida Board Certified as a DUI Defense Expert by the National College For DUI Defense.

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David Katz

David Katz

David Katz is one of only 4 Board Certified DUI Defense Experts practicing in the State of Florida. David achieved recognition as a DUI Defense Expert in July of 2012 from the National College for DUI Defense, the only organizations accredited by the American Bar Association to award Board Certification in the area of DUI Defense. A founding partner of Katz & Phillips, P.A., David Katz is a former Assistant State Attorney and DUI / Intoxilyzer Lead Attorney with the Seminole County State Attorney’s Office. David has prosecuted cases in both Orange and Seminole Counties. Chosen by the Florida Prosecuting Attorney’s Association, David taught DUI trial skills to new prosecutors statewide. As the Seminole County Intoxilyzer Lead Attorney he received unique training and experience with the Intoxilyzer 8000, including access to the manufacturer of the device, which he now uses to aid in the defense of DUI cases. David has been the featured speaker at Continuing Legal Education Seminars focused on DUI Defense, lecturing to attorneys practicing DUI defense throughout the country. David is also the author or co-author of nine books on DUI defense including three Inside the Minds series books focusing on DUI cases. As a defense attorney David has focused his practice on DUI defense and has played a key role in the suppression of thousands of breath test results in Central Florida and surrounding areas, acting as the lead attorney in suppression hearings focusing on source code and machine malfunction issues. David is truly focused on his clients needs. He has received the 2012 AVVO Client Choice Award and the 2013 Client Distinction Award from Martindale-Hubbell. Further, David was recently featured in NEWSWEEK Magazines' 2012 Showcase of Leading Criminal Defense Attorneys. The only dedicated DUI defense attorney to be featured this year. PROFESSIONAL AFFILIATIONS: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association DUI is not recognized as a specialized area of law in Florida, therefore Mr. Katz is not certified as a Specialist by the Florida Bar.

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