Reader’s Question:

My boyfriend was charged for driving under the influence in Jacksonville, Florida. His driver’s license was already held up and was summoned for an Administrative hearing. What is this all about and is it different from the criminal charge filed against him?

Andrea

Jacksonville, FL

There are two faces in relation to DUI or DWI conviction, the administrative license suspension and a criminal charge. The administrative side relates to the driver’s license and driving records. The criminal aspect on the other hand relates fines, fees, penalties and the likes.

You boyfriend may face both Administrative and criminal charges. Under an administrative driver’s license suspension, his license is taken away even before he gets convicted should he refuse to take a sobriety test. To some other states, they automatically take away the licenses during DUI arrests regardless if the offender submits to the blood-alcohol test. Most courts in Jacksonville, Florida conduct an administrative hearing shortly after the arrest. This hearing is different from the court proceedings following the case. The administrative hearing address the factors surrounding the arrest like the arrest itself if it is based on reasonable ground, if the police officer offered to take a BAC test, if the officer gave enough information to the offender should the test failed and suspension or revocation of the driver’s license.

Generally, the Administrative part of a DUI arrest or conviction deals with the basis of the offense as well as the surrounding factors. The determination of the penalties and fines rests on the criminal charges. I suggest that your boyfriend hire the services of a DUI lawyer that could defend him of such charges. And after the case, I also suggest to him that he would definitely need to look for an auto insurance that would cater to him being involved in DUI case.

Tags: auto insurance, driver’s license, DUI, DUI lawyer