Practice Area Reference

Felonies

Felonies are criminal matters in Florida or in the Federal system that have a term of incarceration possible for more than one year. There are generally four degrees of felonies in Florida state court: Life felonies, and felonies of First, Second, and Third degrees. First degree murder is the only offense in Florida which can result in the death penalty. The federal system has an even wider variety of potential felony offenses.   A felony sentence may be served in the county jail if the sentence is one year or less, if the sentence is in excess of one year the sentence will be served in the Florida State Prison system.   Some common examples of felony offense are:

  • Aggravated Assault
  • Aggravated Battery
  • Battery on a Law Enforcement Officer
  • Burglary
  • Child Abuse
  • Drug Possession (All controlled substance offense excluding a misdemaenaor quantity of Marijuana)
  • Felony Battery
  • Carjacking
  • Homicide
  • Kidnapping
  • Resisting an Officer with Violence
  • Felony DUI
  • Sex Crimes
  • Grand Theft

Congress and the Florida legislature have set forth a set of sentencing guidelines. If charged in either federal or state court, felonies can often carry guidelines which call for mandatory incarceration.

There are felonies for which first time offenders can receive a disposition which would not result in an adjudication of guilt. Once a person becomes a convicted of a felony, it is permanently on their record unless pardoned by the Governor or the President. A felony conviction results in the loss of many constitutional rights, including the right to vote, bear arms, serve in the military, and greatly limits the number and types of jobs that you may be able to hold in the future.

Please contact our firm so that we can help you answer such questions as:

  • what defenses do I have;
  • was the search in my case legal;
  • can my statements be used against me;
  • will I lose my driver's license if I enter a plea to a felony or a drug charge;
  • how can I prevent being a convicted felon;
  • can I avoid going to jail or prison;
  • what do I score out to on a scoresheet

ICE

iceU.S. Immigration and Customs Enforcement (ICE) is responsible for the detention and removal of noncitizens.  One of the agency's priorities is removing noncitizens in jails and prisons.  ICE and cooperating law enforcement agents generally identify such individuals for removal by questioning and running various computer checks on them.  If an individual is found to be removable based on a lack of status or a prior criminal conviction, ICE can issue a "detainer" pretrial to assume custody of the individual. Generally, an immigration detainer is a request to a local law enforcement agency to detain a named individual for up to 48 hours after that person would otherwise be released (excluding Saturdays, Sundays and holidays).  If an individual with lawful status becomes removable upon conviction, ICE will likely assume custody of the individual upon completion of any jail or prison sentence. Even if ICE does not take any immediate action against someone who has become removable due to a conviction, sucha an individual may still be placed into removal proceedings upon a future contact with immigration officials.  Once an individual has been formally charged as removable, ICE has broad discretion to detain the person pending removal. Some noncitizens are eligible for immigration bond, but many non citizens with criminal convictions are not eligible for release on bond and are therefore detained pending the completion of removal proceedings. There are different types of removal procedures. Many noncitizens receive a hearing in immigration court. At a removal hearing, the immigration court determines whether the non citizen is removable under the charged grounds of inadmissibility or deportability.

Contact our firm to help you:ice-badge

  • determine if any local charges are pending and wether there ius an ICE hold;
  • advise you of the beneifits of posting bond on local charges;
  • help you fight a violation of the 48 hour ICE detainer;
  • file for habeas corpus releif if local authorities violate your civil rights;
  • file a bond motion with the immigration court if ICE begins removal proceeds;
  • defend against removal proceedings.

 

Traffic

points chartTraffic Offenses

In addition to handling all criminal traffic charges (i.e. DUI, DWLSR, Leaving the Scene, etc.), our firm also specializes in defending against civil traffic offenses.  Talk to Dylan Snyder before you make any decisions. We can inform you of your right to challenge traffic violations and the consequences of not doing so. You don’t have to settle for more points, higher fines, and the possibily of increased automobile insurance payments.

Our firm handles citations for every type of traffic violation, including, but not limited to:

  • Careless driving;
  • Child restraint or car seat violations;
  • Failure to stop;
  • Failure to wear a seat belt;
  • Following too closely;
  • Reckless driving; and
  • Speeding.

Restoring Your Ability to Drive

If your past has wrecked your driving record, we can determine if action can be taken to obtain a valid Florida Driver’s License.  Florida's Department of Highway Safety and Motor Vehicles (DHSMV) will suspend your driving privileges if you accumulate too many pints as follows: 12 points earned within 12 months results in a 30-day suspension, 18 points earned within 18 months results in a 3-month suspension, and 24 points earned within 36 months results in a 12-month suspension. Call us for more information on whether we can help you. We may be able to restore your driving privileges, at least so that you can travel to work.  The DHSMV is an agency with complicated rules and procedures - we can navigate this system for you and advise you on your options.

Even if you are a habitual traffic offender (HTO), and your driver’s license is revoked for 5 years, we may be able to help you get you a valid Florida Driver’s License. Contact us to find out how.

vop/vocc

Violation of Probation or Community Control

As a result of a plea or a guilty verdict after a trial, you have been placed on probation or community control in lieu of jail or prison. You were also advised by the Court of your conditions of probation.

Now, you have been accused of violating at least one of these conditions, and your probation officer has filed an affidavit of violation. He also requested that the judge sign a warrant for your arrest for said violation. Or, you have been arrested for allegedly committing a new crime, and the arresting officer who became aware of your probationary status has also charged you with an "on site" violation of probation.

Violation of probation and community control cases (V.O.P. or V.O.C.C.) are more challenging than your original case, or your new criminal case. A plea in your new case is all the State needs to prove your violation of probation. Therefore, if your are violated because it is alleged that you committed a new crime, your V.O.P. or V.O.C.C. MUST be handled before or at the same time your new case gets resolved.

The defense options of your V.O.P. or V.O.C.C. are more limited. Even so, the resolution of your violation of probation requires the same or better diligent and competent defense as your new case, as the exposure to incarceration is higher, and so are the chances for the State to satisfactorily prove their case.

If you know that you will be violated, make sure to retain an attorney BEFORE you are arrested or surrender. Doing so will likely result in a shorter incarceratory time before the resolution of your case.

What are there are types of situations that trigger a violation of probation?

  • An arrest for a new criminal offense, even if the new offense is not actually charged by the State. The arrest itself may be the basis supporting a violation of probation.

  • A failure to appear in court or at any of your court or probation ordered alternative program, A.A. meetings, counseling, sex offender therapy classes, or missing an unexcused appointment with your probation officer.

  • A failure to satisfy your financial requirements or to enroll or satisfactorily complete a Court-ordered rehabilitation program.

What are your rights at the hearing for your alleged violation of probation?

Probationers are entitled to a court hearing. However, the probationer’s rights are very different than one’s rights at his criminal jury trial.

  • The probationer is not entitled to a jury trial.  A judge will adjudicate the matter.

  • The probationer may be held longer in custody before any hearing takes place, as the right to a bond is different for probationers.

  • The burden of proof on the State, is now preponderance of the evidence, rather than beyond and to the exclusion of all reasonable doubts; a much lower standard. It makes the violation easier to prove against you.

  • Hearsay is admissible.

  • The probationer does not have the right to assert his 5th amendment to remain silent.

 

SEALING & EXPUNGING RECORDS

SEALING & EXPUNGING OR CRIMINAL RECORDS

Criminal Defense Lawyer Dylan Snyder has been sealing and expunging records for individuals for over 15 years. Most people don't realize that just an arrest causes individuals to have an arrest record. The only way to assure that it is not on your record is to Seal or Expunge your criminal history.  Have you been arrested for a crime, but not charged by the Office of the State Attorney? Was your criminal case dismissed or Nolle Prosequi (discontinue pursuing criminal charges)? Were you found not guilty of the criminal charges against you? Even if you answered yes to one of the questions above you could still have a record. Just because a criminal case is resolved in a favorable manner does not mean that a record is sealed. Your arrests, nolle prosequi, and or dismissals, could still appear in a common background check or search.

If you qualify for an expunction or record sealing you can get that crime taken off your record and go forward without the burden of worrying about who will find out you were charged with a crime.  Florida Statute s.943.0585 - s.943.059 provides a detailed outline on who is eligible to apply to seal or expunge your record. It provides that if you have never been convicted of a crime, this includes if you took a plea but received a withhold of adjudication, you may be eligible to seal or expunge you record. You are only allowed one sealing or expunction in your life time. As such, if it is your second time applying, you will not qualify. Additionally, there are specific crimes that unless the charges were dismissed, Nolle Prosequi or you were found not guilty after a jury trial, are not eligible for sealing or expunging. Please contact our office and we will give you all the information and a detailed list of those crimes.

It could take up to 6 months to seal or expunge your record, so the sooner you start, the sooner you can get your case resolved. We do not make promises or guarantees, but you can be assured that if we determine you are eligible for a sealing or expunction, the job will be done as promptly as possible. The government does not provide a way to expedite the process. If anyone promises they will get your matter "expedited" they are not being honest with you.

 For a in depth discussion on the qualifying factors contact our office for your FREE consultation on record expunging and sealing.  The cost for sealing or expunging your record does not include the cost of fingerprinting, and the filing fees or clerk fees associated with the application. The Sealing or expunging of a criminal record is stringent and exacting. It is always recommended that you speak with an experienced criminal lawyer like Bradford Cohen. If you decide to try and attempt to seal or expunge your criminal record without the assistance of a criminal lawyer, you must follow the specifications to the word. If your submit your certificate to seal or expunge your criminal record without it being complete, they will send your application back and you will need to correct all errors and resend your sealing application, potentially delaying the process even longer than the typical 6 month period.

DRUG CHARGES

A large portion of Dylan M. Snyder, P.A.'s criminal work is devoted to defending clients facing drug charges. The firm has a wealth of experience defending defendants in a wide variety of state and federal prosecutions involving controlled substances, including possession, possession with intent to sell, distribution, trafficking, manufacturing of:

  • Marijuana
  • Cocaine
  • Meth, Crystal Meth
  • Crack Cocaine
  • Heroin
  • MDMA (Ecstasy), and more

Regardless of the charges or the evidence collected by the authorities, almost all cases have the potential for a reduction of punishment or even an acquittal. For example, almost all drug cases involve the search for and seizure of drugs; an experienced attorney can thoroughly investigate these searches and seizures for legal violations that could get a case thrown out of court.

Our office can help you with the many questions that arise in almost all drug case such as:

cocaine

  • was the search and seizure legal;
  • did law enforcement need a search warrant in my case;
  • did law enforcement have sufficient gounds to obtain a search warrant;
  • are there any issues with the testing proceduers used by FDLE;
  • will i lose my driver's license because of a drug related plea negotion.

Call now for a free consultation.

DOMESTIC VIOLENCE

DOMESTIC VIOLENCE

All Florida Domestic Violence attorneys must know Florida's Assault & Battery law as codified in Florida Statute 784, in addition to the Domestic Violence statute. Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties are enhanced, and the consequences are far more serious. For example, under federal law, when a person is sentenced to any sentence - even without being convicted - that person is unable to own or possess a firearm or work in certain occupations.

Since most assault or battery cases arise outside of the presence of a law enforcement officer, they are one of the most seriously abused criminal laws, especially in domestic cases. False allegations of domestic violence in Florida are at epidemic proportions because couples having problems will often a) call the police "to calm things down" or, b) lie to the responding officers.  These laws are very politicized and are prosecuted vigorously.

To Get a No Contact Provision lifted it is necessary to get a court order lifting the 'No Contact' condition of bail bond. Usually, this is done by asking the court to replace the 'No Contact' provision with a 'No Violent Contact' Provision. This may be done by a motion or by agreement with the State for what is called a 'Stipulated Order' changing bond conditions.

What are the Penalties? Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties are enhanced, and the consequences are far more serious. Incarceration may be for up to one (1) year in a misdemeanor case and up to life in a felony case for certain types of Domestic Violence, such as Lewd or Lascivious Molestation of a minor family member.
 

Besides Jail or Prison Time, What are the Consequences? For example, under federal law, when a person is sentenced to any sentence - even without being convicted - that person is unable to own or possess a firearm or work in certain occupations. This is damaging to many specialized career fields, especially to those such as military service members.
 

If My Partner Goes in and Explains What Happened, Won't the State Drop Charges? No. The "Victim Advocate" or court order domestic violence counselor will try to talk you partner out of recanting. Over the years, there have been many instances of "victims" being told that while perjury is a felony, if the "victim" recants, then they will be immediately arrested for filing a false police report.
When law enforcement officers are called on in response to a case involving Florida domestic violence assault or Florida domestic violence battery (or the aggravated variants), the officers must follow Florida law regarding a "primary" aggressor and the "primary aggressor" is going to jail and will be held until First Appearance. In the case of a lie, the result is rather predictable. In the case of "calm things down" scenario, both parties are separated and usually, only part of the story is told. For example, one party will refuse to tell the officers anything, but the other one may tell about being slapped - leaving out the part that they hit their partner first. As result, the wrong person is determined as the "primary aggressor" and charged with domestic violence assault or domestic violence battery.

 

INJUNCTIONS

An injunction is a civil proceeding in which a person seeks to have a court order for protection. The injunction procedure in Florida is complex and happens quickly. Therefore, if you are defending an injunction you likely need an attorney and you need one quickly. An attorney can get extensions of time to prepare for the final hearing, can take depositions and obtain witnesses who are favorable to you. Additionally, an experienced injunction defense attorney can discredit witnesses, find inconsistencies in stories, and thoroughly cross-examine witnesses.  Dylan M. Snyder, P.A. can help you to either apply for an injunction for protection or to defend againt an injunction.

If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:

1. It will show up on your criminal record background check. Despite the fact that an injunction is a civil proceeding, it will be on your background check and can be seen by potential employers, landlords, scholarships, or an organization, including youth sports leagues that run you for a criminal record.

2. The injunction is enforceable nationwide.

3. You will not be able to buy a firearm or weapon, and you would be required to surrender any firearms or weapons you own.

4. The court can compel you to move from your house if you live with the person who is seeking the injunction.

5. You may be prevented from having unsupervised visitation or in some cases any contact with your children.

6. If the petitioner is a co-worker you could lose your job or be forced to get another job.

7. The court may on its own award child support without a full hearing on the matter, and that child support order can become permanent.

8. Further contact after the injunction is entered can result in arrest for offenses ranging from violation of a protective order, stalking, and perhaps even aggravated stalking.

9. If you have a professional license, you may be required to report the entry of the injunction and you may face discipline depending on the allegations of the petition.

10. If you are a member of the military you can be confined to quarters while not on duty, be kicked out of military housing, or if the person who gets the protective or want to become

11. If you are not a citizen of the United States, you could be deported or prevented from getting citizenship.

The effects of an injunction being entered against you go far beyond simply not being able to be near the person who filed the petition. An Injunction can change your ability to see or have relationships with your spouse, boyfriend/girlfriend, children, family, friends, and neighbors. Unlike in a criminal proceeding, you do not have a right to have an attorney in an injunction proceeding. However, representing yourself puts you at a huge disadvantage, while being the only one with a lawyer may tilt the balance of power in your favor.

 

DUI

Florida DUI LawsDUI PENALTIES

Under Florida DUI law chapter 316.193,F.S. a person is considered to be driving under the influence of alcohol or a controlled substance by either registering a blood alcohol concentration level of .08% or greater or by proof of impairment of their normal faculties as observed by the arresting officer.

The arresting officer can prove probable cause of impairment by either his or her observation of the suspect's driving behavior before being stopped, the suspect's mannerisms during the stop and by the suspect failing any part of the field sobriety tests, if the suspect submitted to them.

These things could greatly affect the requirement of probable cause in your DUI case:
Your physical or medical condition at the time of the stop and testing.

  • Whether or not the police read you your rights when they were supposed to read them to you.
  • Whether the roadside Field Sobriety Exercises were done correctly, including whether they were done on a smooth, flat, level surface, without glare from traffic lights, flashing police lights or fear of being hit by vehicles going by the roadside.
  • Whether you were wearing contacts or prescription lenses.
  • Whether you were on private property.
  • Did the police officer confuse fear or exhaustion with being drunk?
  • Was there a video of the stop and Field Sobriety Exercises and how well did on them.
  • Have you been in any recent accidents or ever suffered head trauma of any kind?
  • Were you on any prescription or over the counter medication.
  • Were you affected by any illness or other medical condition, including back, neck, knee, muscle or other medical conditions?
  • Do you have witnesses who would testify truthfully about whether you consumed any alcohol, the amount or how your were driving?
  • Did you have dentures or any other dental condition when you were asked to take a breath test?
  • Were you offered a blood test?
  • Were you threatened in order to get you to perform any tests or Field Sobriety Exercises?

Florida First Offense DUI Penalties

The Florida legislature has imposed certain minimum mandatory penalties for DUI convictions. The can be found in Florida Statute 316.193.   A first offense DUI charge in Florida means that your blood alcohol concentration was .08% or greater and you have had no prior DUI convictions. A first offense DUI charge is considered a misdemeanor charge and carries the following penalties:

Jail time: The jail time for a first offense with a blood alcohol concentration below .14% can be up to 6 months. At the court's discretion they may grant a probationary period of 1-year in lieu of jail time along with a minimum of 50 hours of community service. If the court grants community service, you will also have to pay an additional fine of $10 per hour for every hour of community service worked.

If your blood alcohol level was .15% or greater or there was a minor in the vehicle at the time of the arrest, the court may impose a jail sentence of up to 9 months.

Fines: The minimum fine for a first offense is $500 and can go up to $1,000 as long as your blood alcohol level was .14% or less. If your blood alcohol level was .15% or greater or there was a minor in the vehicle at the time of the arrest, the minimum fine will be $1,000 and can go as high as $2,000 at the court's discretion.

License Revocation: The minimum revocation period for a first conviction is 180 days and the maximum revocation is 1-year. If you refused or failed to complete a chemical test, your license will be revoked for 1-year.

DUI School: A first time offender must enroll in DUI school and complete the schooling before a hardship license will be issued. If you decide to enroll in DUI school after your revocation period, you will have to show proof of enrollment in DUI school to the DMV before they will reinstate your license.

You must also complete the DUI school within 90 days of your reinstatement following your revocation period otherwise the DMV will cancel your license and you will not be able to attain another license until you complete the DUI schooling.

Vehicle Impoundment: As a condition of granting probation, the court will impound your vehicle for a period of 10 days. The impoundment period will start at the end of a jail sentence. So if you serve 30 days in jail, the 10 day impoundment period will start on the 31st day when you are released from jail.

You will be responsible for all fees associated with the impoundment. If your family depends on your vehicle for transportation or if the vehicle in question is used by employees in a business you own, the court may dismiss the impoundment period.

Florida Second Offense DUI Penalties

A second offense DUI charge in Florida means that your blood alcohol concentration was .08% or greater and you have been convicted of one prior DUI offense within the past 5-years. A second offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time: The mandatory minimum jail sentence for a second offense charge within 5-years is 10 days with a minimum of two of those days served consecutively and the maximum jail sentence as long as your blood alcohol level was below .14% is 9 months. If you blood alcohol level was .15% or greater or there was a minor in the vehicle at the time of the arrest, the maximum jail sentence can be up to 1-year.

Fines: The minimum fine for a second offense is $1,000 and can go up to $2,000 as long as your blood alcohol level was .14% or less. If your blood alcohol level was .15% or greater or there was a minor in the vehicle at the time of the arrest, the minimum fine will be $2,000 and can go as high as $4,000 at the court's discretion.

License Revocation: The minimum revocation period for a second conviction within 5-years of a previous conviction will be 5-years and you may be eligible for a hardship license after 1-year of the revocation period. A second conviction beyond the 5-year period will result in a maximum revocation of 1-year. If you refused or failed to complete the chemical test your license will be revoked for 18-months.

DUI School: If you are convicted of a second offense within 5-years of a previous conviction, you will need to enroll in and successfully complete DUI school before your license will be reinstated.

Vehicle Impoundment: As a condition of granting probation, the court will impound your vehicle for a period of 30 days for a second offense that occurs within 5-years of a first offense conviction. You will be responsible for all fees associated with the impoundment. The impoundment period will start at the end of the jail sentence. If your family depends on your vehicle for transportation or if the vehicle in question is used by employees in a business you own, the court may dismiss the impoundment period.

Florida Third Offense DUI Penalties

A third offense DUI charge in Florida means that your blood alcohol concentration was .08% or greater and you have been convicted of two prior DUI offenses and at least one of those convictions was within the last 10-years. A third offense charge can be elevated to a felony charge if an accident occurred involving serious bodily injuries to another person. Otherwise a third offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time: The mandatory jail sentence for a third offense conviction occurring within 10-years of a previous conviction will be no less than 30 days in jail. A third conviction occurring more than 10-years since a previous conviction will result in a maximum jail sentence of 12-months. The length of the jail sentence will be at the court's discretion and will be based upon the circumstances surrounding your case and the previous convictions.

Fines: The minimum fine for a third offense DUI conviction occurring more than 10-years since a previous conviction will be $2,000 and can go as high as $5,000 at the court's discretion. If your blood alcohol level was .15% or greater or a minor was in the vehicle at the time of the arrest, the minimum fine will be $4,000. The fine amount will be based upon the circumstances surrounding the offense, plus your previous offenses.

License Revocation: The revocation period for a third conviction within 10-years of a previous conviction, will be a minimum 10-year revocation period and you may be eligible for a hardship license after 2-years of the revocation period. A third conviction beyond the 10-year period with no more than one previous conviction within the past 5-years will result in a maximum revocation of 5-years. If you refused or failed to complete the chemical test your license will be revoked for 10-years.

DUI School: If you are convicted of a third offense within 10-years of a previous conviction, you will need to enroll in and successfully complete DUI school before your license will be reinstated.

Vehicle Impoundment: As a condition of granting probation, the court will impound your vehicle for a period of 90 days for a third offense that occurs within 10-years of a second offense conviction. You will be responsible for all fees associated with the impoundment. The impoundment period will start at the end of the jail sentence.

If your family depends on your vehicle for transportation or if the vehicle in question is used by employees in a business you own, the court may dismiss the impoundment period.

Florida Fourth or Subsequent Offense DUI Penalties

A fourth or subsequent offense DUI charge in Florida means that your blood alcohol concentration was .08% or greater and you have been convicted of three prior DUI offenses and at least one of those convictions was within the last 10-years. A fourth or subsequent offense charge can be elevated to a felony charge if an accident occurred involving serious bodily injuries to another person. Otherwise a fourth offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time: The maximum imprisonment term for a fourth or subsequent offense is 5-years. The length of imprisonment will be at the court's discretion and will be based upon the circumstances surrounding your case and the previous convictions.

Fines: The minimum fine amount for a fourth or subsequent offense will be $2,000 or up to $5,000 if the fourth or subsequent offense is a felony conviction. The fine amount will be based upon the circumstances surrounding the offense, plus your previous offenses.

License Revocation: A fourth or subsequent DUI conviction will result in a permanent license revocation with no chance of reinstatement and no chance of a hardship license.

Vehicle Impoundment: As a condition of granting probation, the court will impound your vehicle for a period of 90 days for a fourth or subsequent offense that occurs within 10-years of a third offense conviction. You will be responsible for all fees associated with the impoundment. The impoundment period will start at the end of the imprisonment term.

If your family depends on your vehicle for transportation or if the vehicle in question is used by employees in a business you own, the court may dismiss the impoundment period.

DUI PENALTIES

Florida Administrative Hearing Process (HARDSHIP LICENSES)

Effective on July 1, 2013, the rules regulating the administrative suspension of a driver's license after a DUI arrest, and the right to review that administrative suspension, change.

Changes to Florida's DUI Administrative Hearings

If you have no prior DUI convictions or administrative suspensions or convictions for an alcohol/drug-related offense, there are three options:

  • request an informal review hearing;
  • request a formal review hearing; or
  • request a hearing for a “Business Purpose Only” restricted driving privilege. That request waives the right to a formal or informal review hearing.

DHSMV is taking the position that the date of the DUI arrest controls. So, for example, if the arrest and notice of suspension are dated before July 1, 2013 there is no option to avoid the “hard time” suspension by immediately requesting a “review of eligibility.” However, if the DUI arrest date and/or notice of suspension are dated July 1, 2013, or later, then the new regulations apply.

The New Formal Review Hearing Process

Florida Statute Section 322.2615 (amended)

Florida Statute Section 322.2615, “Suspension of license; right to review” will provide:

“[t]he driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7).“

Florida Statute Section 322.271(7) (amended)

Effective July 1, 2013, Florida Statute Section 322.271(7) will provide:

Notwithstanding the provisions of s. 322.2615(10)(a) and (b), a person who has never previously had a driver license suspended under s. 322.2615 [an administrative suspension], has never been disqualified under section s. 322.64 [related to operating a commercial vehicle while under the influence], has never been convicted of a violation of s. 316.193 [DUI], and whose driving privilege is now suspended under section s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under section (2).

(a) For purposes of this subsection, a previous conviction outside of this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as provided in s. 316.193 will be considered a previous conviction for a violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for a violation of s. 316.193.

(b) The reinstatement shall be restricted to business purposes only, as defined in this section, for the duration of the suspension imposed under s. 322.2615.(c) Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615. The waiver may not be used as evidence in any other proceeding.

Obtaining a Florida Hardship License

If the hearing officer does not rule in your favor and reinstate your license, you may be eligible for a hardship license if you meet the following requirements:

1.You have never been convicted of more than two DUI offenses.

2.You enrolled in DUI school and must successfully complete the schooling within 90 days of a hardship license issuance.

3.If your BAC level was .08% or greater, you have served your first 30 days of your suspension period or if you refused the chemical test, you have served the first 90 days of your suspension period.

If you meet the above requirements, you can request a Hardship Review Hearing at the end of your hardship suspension period to request a hardship license. If the hearing officer determines that you are eligible for a hardship license he will give you the paperwork that you will submit at the DMV office to obtain your hardship license. You will also be required to file an SR22 form with the DMV in order for them to issue you a hardship license.

 

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