Florida’s DUI Law has unfairness built into it. What makes it so? This: If an administrative hearing officer has suspended your license at a Formal or Informal Review Hearing, you may be out of luck if you have refused to take the breath test. The only way to regain you full driving privileges without limitation is to win a breath or blood case in a jury trial setting.

The Department of Highway Safety will invalidate a suspension for driving with an unlawful breath or blood alcohol level imposed if the suspended person is found “not guilty” at a jury trial.

If you have refused the breath test, the administrative hearing trumps a Jury verdict of “not guilty” and you do not get your license back even if acquitted by a jury.