Hi, My name is Neil, I have found this blog and very much feel the need to share my personal experiences involving my DUI in the state of Florida. The following is in regard to Driving restrictions.I personally chose to "refuse" the sobriety tests and breathalyzer examination at the time my arrest. Due to my "refusal" I automatically lost my drivers license for a full year. If you did not already know, refusing to submit to a sobriety test is grounds for a license suspension of an entire year. Submitting to a breathalyzer exam and blowing over the legal limit will result in a six-month suspension. This is the law, fair or not, and I have had to abide by these laws the last 10 months. With only 2 more months to go, until I can drive on a fully reinstated license again, I have much to share. I might as well start from the beginning, as most people reading this are eagerly searching for answers. I was arrested for DUI in February of 2007. Immediately after my arrest, I had the standard 10 day period to continue driving, presenting me with a small window to settle my personal affairs. I highly recommend using this time period to search for a good lawyer, as you will not be able to search around in your own car after the 10-days are up. After finding a good lawyer I was able to get a "business purposes only license." This license enabled me to drive to school/work as well as medical and religious appointments. If caught driving outside these exceptions, I would undoubtedly be arrested and put back in the most miserable place in the world; jail. If a cop was to pull me over and I was unable to prove that I was driving to one of the accepted destinations he would have every right to arrest me for Driving on a suspended license. This would also violate my probation, forcing me to start my year probationary term all over again! Needless to say, I would not recommend driving on your suspended license. I do of course realize that many people do it everyday, and the odds of getting caught are in your favor, but just like a DUI, it only takes once. The Business Purposes only license I was given expired after 90 days. This of course, was before my court date, so I had to wait until the court date to be re-eligible for another business purposes license. After Court I was told that I would be eligible for another Business Purposes license 90 days from the expiration date of my previous one. Had I never received my first BPO(Business Purposes only license), I would have been able to receive the BPO License that day in court. However, I definitely needed the first one, as it was necessary for me. I only mention this because not everyone may need it right away, thus enabling them to wait until their respected court date, taking care of it all after that date instead. During the 90 day waiting period to be eligible for a new BPO license I did not have a valid license. After the 90 days however, I was able to fully reinstate my license to business purposes only, which did not expire until my original year suspension was up or I violated the terms of the BPO license consequently losing the privileges. After receiving this license there really is nothing else to the driving restrictions. Basically, you know the rules and you have to follow them until the date of your one year suspension is up, (or in the case of submitting, your 6 months suspension). After the one year suspension is up, I will be able to revert back to my former glory and drive whenever and wherever I want :)
One final note: In order to receive a Business Purposes Only License you must apply for one with the Drivers license Hearings office. Your lawyer will guide you through this process, or if you did not choose to acquire a lawyer, the DMV will provide you with all of the necessary information. You will present your case to a hearings officer, explaining why you need the BPO license. He or She will ask you a few questions and make sure that you have not violated any of the terms of your sentencing, in regards to driving restrictions. Upon approval you will pay your reinstatement fee of around $150.00 right there and have a photo license mailed to you. This process was very easy and not nearly as intimidating as it appeared to be. I would definitely not worry about whether or not you will be approved.
I have found the following site very helpful with all Florida DUI related issues and concerns:
http://the-florida-dui.com/
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if you look on the back of your citation, you will find a few options. seeing as though your citation is your 'driver's license" for 10 ten days following arrest (depending on circumstances) you have the right to appeal or plea for a BPO through the BAR- in or near the city of arrest. i wrote an informal review, basically a letter telling why i needed my BPO- school/work/groceries/child in school/church/etc. takes about 20 working days to hear back and a formal review you will request a court date. this is in the case you are "eligible" for permit on your citation. customarily-a first time offender. you are also allowed a BPO through the avenue of attending DUI school, depending again on circumstances of DUI arrest. ie) damages, injuries, priors.
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