Florida Criminal Defense and DUI Defense Blog

13Apr, 11

Simply stated, driving on a suspended license is a new, additional crime.

These added offenses greatly increase the likelihood of your receiving a jail sentence, especially if you are a repeat offender or have serious charges pending when you drive while suspended.

Driving on a suspended license might also worsen your pending DUI-DWI case if the judge in that case is the same judge on the suspended license case.

Such “repeat” offenses often send the judge a message that not only are  you not remorseful for your DUI-DWI because you violated an additional state law even before the  first case was resolved, but you may have willfully and intentionally defied the law by driving when  you knew that your driver’s license has been suspended.

Once your judge gets that opinion of you, it is very difficult for your lawyer to change the judge’s mind.

This could color the judge’s perception of you and your case throughout the balance of the litigation. This is never a good thing for you.

A Florida judge can also revoke your bail or bond in your DUI-DWI case based upon your getting arrested for any new criminal charge.

The judge can do this on his or her own motion, without even needing a motion or request from the prosecuting attorney.

Is getting a “limited permit” the solution to your problems under drunk driving law?

Certainly, one of the most pressing questions you have is to determine if you can drive to and from work.

Limited driving permits are a creation of Florida statute and are not a “right” under the Florida or federal constitution.

This means that the availability of such a permit is controlled by Florida law.

If your arrest for DUI-DWI is a first-time violation, there are circumstances under which you may have a limited or restricted driver’s license available to you.

Certain drivers may be required to install an ignition interlock device prior to receiving your restricted license or work permit that allows restricted driving privileges (or prove that you have contracted to install).

A restricted or “work” license severely restricts your ability to drive, determining where and when you can operate a vehicle.

Thus, a “work” permit may help you with some of the transportation problems you face following your DUI-DWI arrest, but is seldom the solution to all of your problems.

For example, many rental car companies will not allow you to rent their vehicles without a full driver’s license.

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Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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