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FIRST 10 DAYS: CHALLENGING THE SUSPENSION

Following an arrest for a DUI in Clearwater, the first 10 days are vital. Within these first 10 days, the ,Department of Highway Safety and Motor Vehicles will begin civil administrative proceedings to suspend the arrestee’s driving privileges and the State will begin a criminal trial. These are two separate processes that take place simultaneously, making it important to understand each process individually and the necessary steps to be taken.

When a person is arrested for a DUI in Clearwater, the arresting officer requests a breath or urine test to be completed. If the requested test is refused or the blood alcohol level resulting from the test is 0.08 or higher, the arresting officer will immediately take the suspect’s driver’s license and issue a yellow citation. This citation will serve as a temporary permit to drive for the next 10 days. The police will work together with the Department of Highway Safety and Motor Vehicles to process a suspension of the confiscated driver’s license. The arrestee has 10 days from the time of arrest to CHALLENGE THE SUSPENSION with the Bureau of Administrative Review located at 4585 140th Avenue North, Suite 1002 in Clearwater. If a challenge is not made within the 10 days, the right to challenge the license suspension is lost and the license will be immediately suspended.

To challenge the license suspension, the DUI arrestee must request a review hearing with the Bureau of Administrative Review (BAR). The BAR office will code the license suspension based on whether it is a refusal or breath test situation in order to determine the length of the suspension. The suspension is 6 months for a first DUI if a breath test was taken. A first refusal to take a blood alcohol test will result in a 12 month license suspension. A second or subsequent refusal will result in an 18 month suspension. Once the hearing is requested, the Bureau of Administrative Review will issue the arrestee a temporary driving permit and will schedule the review hearing.

 

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Clearwater DUI Office Address (Satellite Office):
4500 140th Avenue North, Suite 101
Clearwater, FL 33762

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