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i have never recieved a ticket,paid for anything, was not arrested. i contacted the DMV and it was suspended for DUI

Asked on April 28, 2009 under Criminal Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I don't understand the beginning of your question.  We cannot see previous posts.  Please re-post your entire question and facts above if the below information doesn't answer it.

It doesn't seem correct.  You cannot be suspended for a DUI unless you were pulled over and got a ticket or went to court (i.e., arrested).  The only other way is if you received a physical or chemical test.  See below from the following website: http://www.flhsmv.gov/ddl/duilaws.html

Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S

  • Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
  • Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
  • Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
  • Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
  • Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
  • Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.

 

Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.
  • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
  • Second or Subsequent Suspensions 1 year.
  • First Suspension for Refusal to Submit to Breath Test: 1 year.

  • Second or Subsequent Suspensions for Refusal: 18 months.

  • The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.

 

Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

  • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
  • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
  • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.
  • The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

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