Florida Department of Highway Safety and Motor Vehicle (DHSMV)

In Tampa driving an automobile is considered a privilege and not a right. The privilege to drive may be taking away from you if you commit too many traffic infractions or other crimes.

If you arrested for DUI or Reckless Driving in Tampa points will be assessed if you are convicted (adjudicated guilty) of that crime. According to Chapter 322.27, DHSMV runs using a point system to determine how to punish drivers.

Both civil and criminal traffic violations or crimes carry points that are assesses against a motorist’s drivers license. For example, a DUI conviction carries six points and a reckless driving conviction carries only four points.

In Tampa, your driver’s license will automatically be suspended if you get twelve points in one year for a period of thirty days.

Commercial driver’s license holders have certain notification requirements, not just for DUI convictions, but for other moving violations. Severe consequences can result for those who drive commercial vehicles if convicted of a DUI. If you or a loved one has been arrested for DUI, contact an experienced Tampa DUI Attorney today for a free consultation by calling 813-444-3912.

Under Chapter 322.61, the DHSMV will revoke your commercial driver’s license if you are convicted of DUI twice in a lifetime.

For more information on the consequences of committing a DUI in a commercial or non commercial vehicle click on the link below:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.64.html

If your driver’s license is suspended due to a DUI charge administratively by DHSMV and your case is either dismissed before trial or you are found not guilty after trial, the DHSMV is required under Florida law to expunge your driver’s license record. All you have to do is take a certified copy of the acquittal or dismissal to the DHSMV. However, your record will not be expunged if you refused to take the breathalyzer regardless of the outcome of the criminal case. A reckless driving reduction will not qualify you in getting the DUI charge expunged.

Out-of-state license holders should be aware that law enforcement has no legal authority to confiscate your driver’s license. The rational behind this rule is that the license remains the property of the State that issued it. However, Florida does have the right to suspend your nonresident driving privileges.

Florida adopted the Non-Resident Violator Compact, which requires the reporting of certain offenses incurred by an out-of-state licensee in Florida.

The effect of this compact is that the licensee’s home state will be aware of any driving privilege restriction imposed by Florida. This allows the home state to suspend the driving privileges of that person pending resolution of the DUI in Florida. There are several states that are not apart of the compact to include: Alaska, Michigan, California, Montana, Oregon and Wisconsin.

It is very important to contact an experienced lawyer who specializes in defending DUI cases today if you or a loved one has been arrested or charged with DUI. Call 813-444-3912 for a free consultation to discuss possible defenses to your DUI case.