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The Florida Bar

Independent Nature of the DMV Explained by Attorney William R. Moore

Broward County DUI Attorney:

Staying a sentence on a DMV conviction will still result in a driver license suspension

As a rule, when a Broward County DUI defendant enters into a plea to a driving under the influence charge, a sentence must be rendered by the presiding judge immediately. This is in contrast to felony cases whereby a sentencing hearing may follow a plea or conviction by jury sometimes by weeks or even months. As is true in all criminal cases, there are times whereby a Broward County DUI attorney would seek to stay a DUI sentence following conviction. This however, creates some pretty significant problems with the Department of Motor Vehicles if said DUI attorney seeks to also have the suspension of the defendant’s driver license stayed (a mandatory sentence in DUI cases).

The department of motor vehicles is an administrative agency that operates entirely separate from the Broward County judicial system. Consequently, that agency will suspend an individual’s driver license following a conviction for DUI regardless of a court order staying the sentence. Even where a judge signs an order directing the Department of Motor Vehicles to refrain from suspending a driver license, a suspension will still be entered on that defendants record.

Broward County DUI attorneys must always advise their clients of the independent nature of the DMV with regard to driving under the influence convictions. This is especially true with regard to rare instances where a sentence might be stayed.

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