DUIs and The Department of Highway Safety and Motor Vehicles (DMV)

You have ten (10) days after the date of your DUI arrest to request a hearing to review your suspension.  If no action is taken, your license will be administratively suspended if you either refused to take the intoxilizer or if your results were .08% or higher. If eligible, at the time of your request, you will be provided with a temporary driver’s license.  A hearing will be scheduled at a later time and your suspension will be reviewed by the DMV for possible reinstatement. Ms. Powers representation includes the Formal Review Hearing.

DUIs and The Court System

If you are arrested for a DUI, you will be provided with an initial hearing that is called an Arraignment.  This may be given to you at the time of your arrest or at a later date by mail.  At this hearing, the Judge will inform you of your charges and inquire as to your intention to hire an attorney.  If you retain Ms. Powers prior to this hearing, you have the choice of waiving this hearing entirely.  This is often done as the State Attorney’s Office rarely has provided the necessary discovery documents to Ms. Powers prior to this hearing.  The next court hearing is called a Pre-Trial or Disposition Hearing.  There may be one or more Pre-Trial hearings before a case is resolved or set for trial.  Many judges allow Ms. Powers to waive her client’s presence at these hearings if the case is not being resolved on that date.  The office immediately forwards all discovery documents to the clients upon receipt for their review and consideration.  The client is encouraged to ask questions and Ms. Powers thoroughly reviews the discovery with the client in order to determine what option is in the client’s best interest. 

Cheryl Powers was Lead Trial Attorney of a DUI Division in the Sixth Judicial Circuit with several trial attorneys under her supervision, where she sat as lead counsel in numerous DUI trials as well as DUI motions and hearings.  While she was at the State Attorney’s Office, she attended and was certified at the Advanced DUI Seminar.  At the Stetson University College of Law, Cheryl had the privilege of interning for former Chief Judge David A. Demers, author of the Florida DUI Handbook (West Group: 2008-2009 ed. (Vol.11, Florida Practice Series)).