Is There a Link Between Florida Drunk Driving Accidents be Linked to License Reinstatements? More Studies Are Needed

A local news station in Lee County, Florida recently ran an investigative series into Florida drunk driving accidents and DUI incidents. Reporters found that in many cases drivers caught on DUI charges are getting their licenses back and are being allowed to drive again quickly after being ticketed for DUI.

Under Florida law, drivers who have been accused of DUI are allowed to have an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. This hearing occurs before the DUI trial and allows the defendants to argue for their license. While Florida law allows officers to immediately take away the license of someone who is accused of DUI, these hearings, according to investigative reporters, gave back licenses to hundreds of people in Southern Florida in just a three month period.

Someone who is accused of driving under the influence has ten days to request an administrative hearing. At the hearing, officers decide whether to invalidate the license suspension and return the driver’s license. According to investigative reports, in 2009 more than 5200 drivers in Florida received their licenses back due to these hearings. In some cases, drivers had been impaired and had been unable to pass a breathalyzer test but had their licenses reinstates because police officers failed to follow testing standards or guidelines when administering the tests.

In some cases, arresting officers did not appear at the administrative hearings, which also allowed the drivers to have their licenses reinstated. Florida is changing that particular law. After July 2010, a driver does not automatically have his or her license reinstated if the arresting officer does not show up at a DMV administrative hearing. As well, police authorities are cracking down on police officers who fail to show up for the hearings.

The investigative report does suggest the importance of good communication between the DMV and authorities. While DMV administrative hearings do not have a bearing on criminal DUI trials – that is, someone who has a license reinstated at a DMV hearing may still be found guilty at a criminal DUI trial – the case is troubling for motorists. This is because it does suggest that drivers who may cause Florida car accidents due to DUI may be back on the roads – legally – after drinking and driving. The DMV hearings are intended to give drivers a fair chance to get their licenses back but more studies need to be done to determine whether reinstatements are leading to more Florida car accidents.

If you have been in a car accident in Florida, contact the Flaxman Law Group to discuss your case in a free initial consultation. If you have been injured because someone has been driving drunk or because someone had their license reinstated after driving drunk, there may be multiple liable parties in your case and your Florida car accident case may be quite complex. The Flaxman Law Group has successfully handled thousands of Florida car accident and personal injury cases. The staff at our offices in Homestead, Miami, and Hollywood, Florida are ready to help. Call today to learn about your rights and options.

Client Reviews
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
Contact Information