Today we examine something that all Florida residents should be aware of when it comes to a DUI charge and potential conviction; that is, the basic proposition that staying a sentence on a Department of Motor Vehicles (DMV) conviction will still result in a suspension of your driver license. If you are asking yourself “What?”, then make sure you contact a Florida DUI Lawyer to explain this situation, and read on.
In Florida, when a DUI or Driving Under the Influence defendant enters into a plea to a DUI charge, a sentence must handed down by the judge immediately. This is in contrast to other criminal cases where a sentencing hearing may occur weeks or even months after a guilty please. For strategic purposes, a Florida DUI Lawyer will often want to delay a DUI sentence after a plea is reached or after a conviction. However, in Florida (and in most states), the DMV or agency governing motor vehicles and licensing is purely an administrative agency that operates under its own set of rules and regulations. These “rules” are different than most judicial systems and create a problem when attempting to salvage your driver license. Administrative rules established by the DMV provide for a mandatory suspension of a defendant’s driver license in a DUI sentence or plea agreement. Therefore, even if a judge issues an Order providing that the DMV should refrain from suspending the convicted defendant’s license, the DMV still has the power and most often will enter a suspension on that defendant’s driver license immediately. This applies even in the face of a court order staying the sentence.
While the rule does not seem to be very fair, it is still something that Florida residents facing a DUI conviction should be aware of. If you are facing this situation, it is important to get adequate representation from a Florida DUI Lawyer so that you are aware of all of the possible issues you face.