Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Driving Restrictions & The Refusal to Blow

Driving Restrictions & The Refusal to Blow

In Florida, it used to be that the law was much stricter on DUI arrests. If you refused to blow or blew a BAC in excess of .08, your license would be automatically suspended. Because this was considered a separate component from your criminal proceedings, the suspension did not require any proof of guilt. Even if you were found not guilty, the suspension was eligible to stand for up to a year.

To prevent losing licenses, defense attorneys will usually act quickly to ensure your driving privileges are reinstated while you’re waiting for a trial date. This is done through a separate hearing to petition for your license with the DMV. If you’ve been arrested for DUI, contact a lawyer quickly—the window to schedule this hearing is only 10 days.

However, even if the reinstatement was successful, drivers would still face a hard suspension period—one month for excessive blood alcohol content, three months for refusing to blow. In 2013, Florida law was changed. Drivers are now able to receive a hardship driving permit immediately, allowing them to drive for work or business.

The Trade-Off

To be eligible for the hardship permit, you must meet two criteria: this must be your first offense, and you must be willing to waive your right to challenge the suspension. In return for accepting the suspension of your license (which is not an admittance of guilt, by the way), you’ll be able to drive for the sake of survival—appointments, job, school, etc.

As criminal defense attorneys, we see that this provides a distinct advantage to drivers, despite requiring a waiver of your right to challenge your suspension. Hardship permits are meant to be a fast solution. It gives you immediate driving privileges, which many drivers need in order to survive. But it provides another advantage.

For first offenders, it gives them the ability to refuse to blow with a little more freedom. When you know that your driving privileges may not be at stake, it becomes more advantageous to simply take the suspension than risk a high likelihood of a guilty verdict in the future. After all, a lack of quantifiable evidence is more advantageous to drivers during a DUI trial than a high BAC reading (which may still be inaccurate).

If you have been arrested for DUI, contact the aggressive defense team at Rudenberg and Glasser. We’ve handled thousands of cases just like yours with skill and experience.

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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “He Went Out of His Way to Go the Extra Mile”

    David

  • “Their great efforts got us the most unexpected, but amazing outcome for what we were up against.”

    M.C.

  • “You were so very wonderful in court.”

    P.M.

  • “THE BEST ATTORNEY”

    A. Ariel

  • “If anyone, family or friends, should get into trouble we know who to call!”

    Parent of Charles C.

  • “Michael jumped through hoops to give me the defense I deserved and I will always be grateful. Michael and Eric are not just Lawyers, they are friends and will look out for your best interest!”

    G.W.

  • “Very professional very honest and reliable, cannot thank them enough.”

    D Gonzalez

  • “Worked with me through every step of the case and got my name cleared!”

    N.S.

  • “Great results, compassionate service, and extremely professional.”

    C.C.

  • “A great legal team”

    A. T.

  • “I’ve used Mike and Eric for my cases since 2012.”

    J.R

  • “Proved to be the best legal team there is! They not only helped me avoid jail time, but got my probation terminated the same day!”

    Dallas B.

  • “If you live a lifetime, you will never meet a more sincere, heartfelt, loving, caring person than Mike Glasser.”

    Becca