I refused to breath for a dui but the case got dismissed. The DMV refuses to return my licenses without DUI School Why?

DUI 2 views 3 answers
Its been over a year and there is no case so why the dui school. What do i need to do to get my license returned.

Attorney Answers

3
Harrison Poole ·
The DMV administratively suspended your driving privilege for a period of one year when you refused the breath test. As a condition of reinstatement, they are requiring you to complete the DUI class. The outcome of the criminal case has no bearing on the administrative DMV action. So, even though the criminal charges were dropped, the DMV can still suspend your license and require the class. In sum, in order to get your license back you must enroll in the DUI class, complete any required treatment, and pay the reinstatement fee to the DMV to get your license back.
0 upvotes
Frank Mascagni IIICriminal Defense AttorneyLouisville, KYKY licensed ·
If FL is like KY, there are 2 separate issues at play here. The criminal prosecution and the DOT administrative hearing. If convicted of the criminal offense, you loose your license based on the criminal conviction in the judicial branch of state government. But if you refused to take the breath test, the executive branch of government that issued your drivers license can suspend it because it is a privilege not a right. Go to the school and get your license reinstated.
0 upvotes
Brian Sullivan ·
While you are not generally required to take a breath test, failure to take the test can have serious consequences. Many states' DOL offices will not release your license until you have complied with certain steps and provided them proof.
0 upvotes

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