What Are Admin Per Se Laws? Insights
In an effort to discourage drunk driving, many states have enacted some version of admin per se laws, which impose administrative penalties for driving under the influence in addition to the criminal penalties that a DUI conviction carries. These laws give states the power to suspend or revoke the licenses of individuals who have either failed a blood alcohol content test or refused to take one.
The precise duration of the administrative license suspension depends on a variety of factors, including the defendant’s actual BAC reading and his or her history of prior offenses. In addition to this license suspension, individuals who are facing DUI charges in the state of Florida also face jail time, fines, and court-ordered treatment.
If you are facing DUI charges, there is clearly a lot at stake, and your first call should be to a criminal lawyer. Turn to DiRenzo Defense for comprehensive legal guidance during every step of your proceedings.
William DiRenzo has conducted more than 150 jury trials in his career, and he will aggressively defend your rights. Call 954-889-7502 to schedule a free case evaluation with a Broward County DUI defense attorney.
What Are Admin Per Se Laws?
In general, admin per se laws establish that once an individual has failed a breath test—or refused to take one—he or she is considered legally intoxicated, and no additional evidence is needed in order to implement a license suspension. In the state of Florida, the legal BAC limit for non-commercial drivers older than 21 is 0.08.
Thus, if you register a BAC of 0.08 or higher during a traffic stop, you can expect to face an immediate license suspension of six months, regardless of whether you are eventually convicted of DUI. According to the Florida Department of Highway Safety and Motor Vehicles, this is considered driving with an unlawful alcohol level, or DUBAL.
If it is your second or subsequent DUBAL offense, you will face an automatic license suspension of one year. Individuals who refuse to take a breath test also face a license suspension of one year pursuant to admin per se laws.
Motorists in either scenario will typically receive a 10-day permit starting on the date of their arrest. Once the permit has expired, they must serve 30 days of the suspension before they can apply for a hardship license.
What Is a Hardship License?
A hardship license will allow you to drive with a license suspension, but you may only do so under certain circumstances. For example, you may qualify for a hardship license if you must drive to and from school or work. You will need to provide proof of your circumstances, and you may have to meet certain minimum requirements regarding mileage or scheduled work hours.
If you are facing DUI charges, the legal team at DiRenzo Defense will structure a comprehensive defense based on the unique facts of your case. Call 954-889-7502 to schedule a free consultation with a criminal lawyer in Broward County. If you want to learn more about DUI defense in Florida, visit the USAttorneys website.