Providing Criminal Defense and DUI lawyer services for Sarasota, Venice, North Port and Port Charlotte areas

Criminal Defense Lawyer
941-484-1230
Venice and Sarasota, Florida

Venice. FL DUI Defense

Edward Earl Whittemore

Edward Whittemore Attorney
Drunk Driving License Suspencion
Attorney Edward Earl Whittemore offers premium legal services in the field of criminal defense work in the Venice, FL metropolitan area and surrounding communities. For over 30 years, Mr. Whittemore has represented clients in over 5,000 drunk driving cases-- an impressive track record.

With over 30 years of criminal defense experience, Edward Earl Whittemore is committed to giving you ethical and personal legal representation -- no matter what circumstance you are facing. He will make the time for you. He will explain your options to you in language you understand, and provide you with trustworthy legal counsel.

My Drunk Driving Defense Practice Handles Many Situations, Including:
  • Suspended driver license
  • Drivers license revoked
  • Jail sentences
  • Court fines and restitution payment
  • Field sobriety tests
  • Breath and blood alcohol tests
DHSMV

The DHSMV stands for the Department of Highway Safety and Motor Vehicles. If you request a hearing, they must hold an administrative hearing to determine the validity of the suspension of your driver’s license – after a DUI arrest. When you contact me, I will immediately request a formal review hearing to review the suspension of your driver’s license. In Florida, the request for the formal hearing must be filed within 10 days of your arrest. If you fail to request this hearing, your license will automatically be suspended. Attorney Edward Whittemore will file the request for the hearing and accompany you to the hearing. The hearings are held in Bradenton at the Driver’s License Bureau, which is located at 3611 First Street East, Suite 1010, Bradenton, FL 34208. Their phone number is 727-507-4405.

I will request a DHSMV formal review if any of the following factors occurred as a result of your DUI arrest:
  • You were arrested for DUI and took a breath test or blood test which showed a result of .08% or greater; or
  • You were arrested for DUI and refused to take a breath or blood test; or
  • You took a breath test and blew below a .08% but then Refused to submit to a urine test
Driving with a blood alcohol level that is above the legal limit of .08 is a serious criminal offense. IF you refuse to submit to a breath or blood test, it is a violation of Florida’s Implied Consent law. That law, which is printed on your driver's license, states that when a person has received his or her driver’s license that he or she also consents to chemical testing if arrested for DUI.

I will schedule your DHSMV hearing and will attend the hearing with you. This will give you the best opportunity to retain your privilege to drive. In order for DHSMV to sustain your suspension on a refusal case at the DHSMV hearing, the Bureau of Administrative Review officer must make a determination that you knowingly, intelligently and voluntarily refused to submit to a breath test/blood test.

DHSMV Hearings in Sarasota

If you are arrested for DUI, your license is automatically suspended for a minimum of 6 months to a maximum of 18 months. This suspension starts from the moment you are placed under arrest. You have a legal right to contest this suspension, but you must act quickly. I will act on your behalf as soon as you contact me. I will schedule a hearing and review your license suspension with the DHSMV.

Your DHSMV hearing must be scheduled within 10 days of your arrest. If you fail to file a request for the hearing your license will be automatically suspended. This happens even if you are found ultimately found not guilty by a jury.

When I schedule the hearing, you will be issued a temporary license that will allow you to drive for approximately 15 days after the hearing. The hearing will be held within 30 days of your arrest.

At the DHSMV hearing, we will have the opportunity to challenge the suspension of your driver’s license based upon the following legal grounds: To do this, you must prove: A) The police had no probable cause to place you under lawful arrest, B) Your Blood Alcohol Level was below .08%; or C) You did NOT to submit to the breathalyzer.

Suspended Licenses and DUI Offenses

The suspension of your driver’s license is the first penalty imposed as a result of being arrested for DU I. When you are arrested, the officer will immediately confiscate your driver’s license, even if you are an out of state driver with an out of state driver’s license. The arresting office will issue you a DUI citation that will serve as a temporary license on a limited basis for 10 days. Within that 10 day period, you must contact DHSMV and request a hearing to challenge the suspension of your license. Attorney Edward Whittemore will handle the application for the hearing and represent you at the hearing. If you fail or forget to request this hearing or lose the hearing, then your driver’s license will be suspended. In addition, if you are convicted of DUI, your license will be suspended. The length of the suspension will vary depending upon the facts of your individual case.

Is your driver’s license already been suspended? Are you facing the possibility of driver’s license suspension?

Attorney Edward Whittemore will represent you at your DHSMV hearing and through the entire criminal court proceedings. As a result of my representation, the odds of facing a driver’s license suspension will be greatly reduced.

Has your license has already been suspended? If so, Attorney Edward Whittemore can help you obtain a restricted license, also referred to as a BPO license. This may be used for business purposes only, such as(driving to and from work, church, school, medical treatment and for other necessities). I obtain this BPO license from DHSMV by requesting a hearing and satisfying their requirement.

OUT OF STATE DRIVERS

What are your options if you are from out of state and get arrested for DUI in Florida? If you have been arrested for drunk driving and reside in another state, you will have numerous questions about your options and rights. Do you have to appear in court? Can Florida confiscate and/or suspend your out of state driver’s license? Will your home state suspend your driver’?

Attorney Edward Whittemore will appear in court on your behalf, ensure that your presence is not needed in court, negotiate the entry of plea from out of state and arrange for any probation to be on a mail-in basis. I will also address any issues related to the suspension of your driving privileges.

How an Out of State DUI Can Affect You

Florida is a member of the Non-Resident Violator’s Compact, an agreement that requires the input of information regarding driving-related offenses into the National Driver’s Registry. As a result, your home state will be notified of your DUI arrest. The law of your home state will govern the loss of your driving privileges and the assessment of points against your driving record. Florida courts do not have the authority to suspend your actual driver’s license. However, they do have the authority to suspend or revoke your driving privileges in Florida and physically confiscate your driver’s license upon lawful arrest.

Our team of legal professionals are sensitive to the unique aspects of criminal defense law.  We believe in providing time and personal attention to all our clients. Whatever your legal defense needs, we can provide assertive legal counsel to you, at prices you can afford.  Ask us about our payment plan options to keep quality legal services affordable.

Contact Edward Earl Whittemore today at 941-484-1230, or browse our website for more information about Penalties or DHSMV / License Suspension.