Business Purpose Only Drivers License Restriction
With any DUI arrest in Tampa there are two components that need addressing. The first is the administrative component related to the DUI drivers license suspension and the second is the actual criminal DUI case component which is heard in court.
After a DUI arrest your physical drivers license will be confiscated by law enforcement and you will be issued a DUI traffic citation. This DUI traffic citation looks like any other traffic ticket and will be issued to you in addition to any other traffic ticket. However, the DUI citation serves a very important purpose. It will be used as your temporary drivers license and is valid for ten (10) days from the time of the arrest. This means that you must carry it with you as you would your drivers license. Within the ten days, you must either contest or waive the administrative license suspension. If you do nothing, you will lose your ability to drive for a temporary period depending on how the DUI is charged. It is important you hire a qualified Tampa DUI lawyer to assist you in handling both components related to the DUI case.
As your Tampa DUI lawyer, we usually represent individuals immediately after the DUI arrest. If we are retained within the first 10 days of a DUI arrest, we not only handle the criminal portion of the DUI case, but will handle the administrative case also. Resolving the administrative drivers license suspension properly is essential in avoiding interruption to your driving privileges.
Many people charged and convicted of DUI or Reckless Driving typically lose their license for a period of six months to an indefinite suspension depending on whether it is your first, second, third or subsequent DUI arrest.
After your license is suspended in most cases, the Defendant is eligible for a Business Purpose Only (BPO) drivers license also known as a work only drivers license or drivers license issued on a restricted basis.
Courts have held that as a matter of law a business purpose only drivers license restriction permits a driver to drive to shop for the basic necessities of life, such as: food, medical emergencies etc.
Your Tampa DUI Attorney often receives calls from individuals charged with a violation of this business purpose only drivers license restriction. And in many cases we are successful in either getting the State to dismiss the case due to the inability to prove the case beyond a reasonable doubt and/or filing a motion to dismiss based on the State’s inability to establish a prima facia case of guilt. The key to this defense is the inability of the state to establish the required Corpos Delicti.
In order to prove the crime of violation of drivers license restriction pursuant to Fla. Stat. 322.16 the State must prove all the following elements beyond a reasonable doubt:
- You drove a motor vehicle;
- You were issued a license containing the drivers license restriction;
- The restriction was noted upon the license;
- You operated the motor vehicle in violation of the restriction.
In order to determine whether the prosecutor can prove the case it is important to speak with an experienced DUI Lawyer today for a free consultation and answer your questions about DUIs or related criminal charges.