In Fort Lauderdale, a DUI arrest usually can lead to the mandatory suspension of your rights to drive a motor vehicle in the state of Florida. This suspension-time can be for a period of many months, depending upon your prior arrest history. It is of utmost importance that you understand that when you are charged with a Fort Lauderdale DUI, you have TEN days in which to file for your formal review-hearing. A solid Fort Lauderdale DUI defense can be weakened or strengthened depending on the hearing’s outcome, thus the hearing is of very high priority, because when properly handled, it can often lead to the reinstatement of your license, AND the strengthening of your criminal defense case.

Issues surrounding a license suspension

Electing to take a chemical test during your first offense can result in your license being suspended for up to six months with a one month outright ban (hard ban) on any kind of driving. Those who refuse the tests, receive a one-year ban and three-month hard ban to look forward to. The formal review hearing is your chance to fight this and retain your right to drive, and to preserve your ability to legally drive in Florida for as long as you are administratively and legally able to.

Therefore it is easy to see why it is imperative to your future that you contact a Fort Lauderdale defense lawyer as immediately as you possibly can after you are charged, since the filing of a formal review request is of paramount and utmost importance. The requesting of this hearing is crucial to your case for a variety of reasons. For one, the Fort Lauderdale DUI attorney can help you win a temporary, forty-two-day permit that gives you the time to make other arrangements for driving if necessary. This is almost always granted when a petition for formal review is filed, and should always be requested before running out of time.

The formal review hearing

At Musca Law, our attorneys can help you advise you, and guide you toward contesting your license suspension, and can also win your formal review. There are several ways that a good Fort Lauderdale DUI lawyer bring such cases to a successful disposition. For instance, if one or more of the prosecution witnesses fails to show up in court to testify, there is a better chance that you will win that hearing. This n turn forces the police to have to prove that they followed all of the correct procedures at every stage from the initial traffic stop to the administration of implied consent warnings. Skilled and competent, well seasoned Fort Lauderdale DUI attorneys can take any small failing and capitalize to turn it into a returned license for you.

Benefits of an administrative review hearing

Even if you are unsuccessful in restoring your license, the formal review process is an essential part of winning your criminal DUI case. Fort Lauderdale DUI lawyers will file for and receive what is called “discovery” which is the list of witnesses and any evidence to be used against you. Then, we can question witnesses and take formal depositions during the hearing process. They can force law enforcement officials to tip their hands in terms of what evidence they will use at trial. This knowledge can prove to be a powerful advantage when your DUI case heads to trial.

What Happens After A DUI Arrest?, After you are arrested on charges of DUI, you are required to pay a bond for securing bail. You can pay the full amount of the bond or appoint a commercial bail bondsman to pay the sum on your behalf. If the latter is the case, you are required to pay a percentage of the bond money to the bondsman as a non-refundable fee. In case you pay the bond amount, you are liable to get a refund of the entire amount if you are acquitted by the Court. In case somebody other than the bail bondsman pays the amount, you are advised to have the individual assign the rights of the bond to you once he gets reimbursed. This entire process of assignment is conducted efficiently by a Fort Lauderdale DUI Lawyer.

After you are arrested, you will be notified through a mail about the date fixed for appearing at the Court. At the time of your appearance at the Court, you will be required to file a plea of either guilty, not guilty, or no contest. It is always advisable to plead not guilty as you may affect your chances of contesting the evidence, the right to file motions, and exert your rights. By pleading not guilty, you are entitled to be represented by an Attorney who will investigate whether your rights were violated by the Police. The Defense Counsel is given adequate time to investigate all that occurred prior to the arrest, so that they can defend the accused. An experienced Fort Lauderdale DUI Lawyer will proceed with the motion to suppress evidence before your DUI trial. The issues raised in the motion to suppress evidence include whether your rights were violated, the Police Officers had sufficient cause to arrest you, whether your statement was in violation of the Miranda Rights, or the samples of your urine or the breath test was properly conducted.