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Fort Myers Criminal Attorney / Fort Myers DUI & Administrative Hearings Attorney

Fort Myers DUI & Administrative Hearings Attorney

When you are arrested for driving under the influence (DUI) in Florida, you are not only facing criminal charges but also an administrative process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). At Hollander & Hanuka Attorneys at Law, we understand the urgency and complexity of both the criminal and administrative sides of a DUI case. Our experienced Fort Myers DUI defense lawyers represent clients in Lee and Collier counties in DHSMV hearings when necessary to protect their driving privileges and rights.

What Is an Administrative Hearing?

An administrative hearing is a civil proceeding that deals with the status of your driver’s license following a DUI arrest. In Florida, when you are arrested for DUI, your license may be automatically suspended if you either refuse to submit to a breath, blood, or urine test or if your blood alcohol content (BAC) exceeds the legal limit of 0.08%. This suspension is separate from any penalties you may face in the criminal court system.

You have the right to challenge the suspension of your driver’s license by requesting an administrative hearing with the DHSMV. However, the clock is ticking—you only have ten days from the date of your arrest to request this hearing. Failing to do so results in an automatic suspension of your driving privileges.

Why Is an Administrative Hearing Important?

The outcome of the administrative hearing has a direct impact on your ability to drive. Florida law provides for harsh penalties in this regard, including:

  • Immediate license suspension: Six to 12 months for a first DUI offense.
  • Longer suspension for refusal: If you refuse a breathalyzer or other chemical test, your license could be suspended for up to 18 months.
  • Increased penalties for subsequent offenses: Multiple DUI arrests can result in even harsher penalties, including a permanent revocation of your license.

Administrative hearings provide an opportunity to challenge the evidence against you, including the results of chemical tests and the circumstances of your arrest. Having a skilled attorney by your side can help you build a strong defense to keep your license.

What Happens During an Administrative Hearing?

An administrative hearing is not the same as a criminal trial. It is a less formal process, typically overseen by a hearing officer rather than a judge. The hearing officer will review the evidence presented by law enforcement, including any test results, and decide whether the suspension should be upheld or overturned.

At Hollander & Hanuka, we are committed to defending our clients at every stage of the process. During your administrative hearing, we can:

  • Review the validity of your arrest, including whether the officer had probable cause.
  • Challenge the accuracy and reliability of any chemical tests performed.
  • Cross-examine law enforcement officers to uncover inconsistencies or violations of your rights.
  • Present any evidence or testimony in your favor.

Our goal is to help you retain your driving privileges while minimizing the impact of the suspension on your daily life.

The Consequences of Losing an Administrative Hearing

If the hearing officer upholds the suspension of your license, the suspension will take effect immediately. The length of the suspension depends on various factors, including whether this is your first DUI offense and whether you refused a chemical test. During the suspension period, you may be eligible for a hardship license, which allows you to drive to work, school, or medical appointments.

Applying for a hardship license requires enrollment in a DUI education program, and our attorneys can guide you through this process to help you get back on the road as quickly as possible.

How Hollander & Hanuka Can Help

We know how stressful it can be to face a DUI charge and the possibility of losing your license. Our Fort Myers DUI defense attorneys are committed to providing you with comprehensive representation during both the criminal and administrative phases of your case. From helping you file a timely request for an administrative hearing to representing you in court, we are by your side every step of the way.

We have extensive experience defending against DUI charges in Lee and Collier counties and understand the local procedures, prosecutors, and hearing officers involved. Our focus is on protecting your rights and helping you move forward with the best possible outcome.

Contact Us Today

If you have been arrested for DUI in Fort Myers or the surrounding areas, don’t delay in seeking qualified legal help. The first 10 days after your arrest are critical for preserving your driving privileges. Contact Hollander & Hanuka Attorneys at Law today to schedule a consultation and let us help you navigate your DUI case and administrative hearing. With the right legal representation, you can fight for your rights and your ability to drive.