In the State of Florida, your license will be suspended if you provide a blood-alcohol level or breath-alcohol level above the 0.08 legal limit or if you refuse to submit to a breath, urine, or blood test. When either of these two suspensions occurs, you have 10 calendar days from the date of your arrest to challenge the suspension and request a civil administrative hearing. It’s important to note that even though the Florida Department of Highway Safety and Motor Vehicles is closed on Saturday and Sunday, the clock is still running on your 10 calendar day time limit to request a hearing.
In this article, we’ll review how individuals arrested for driving under the influence should seek the legal counsel of a DUI lawyer in Clearwater as soon as possible to schedule a DMV DUI hearing, meet the appropriate deadlines, gather relevant evidence and witnesses, and get your license back.
What Is The Florida DHSMV Formal Review Hearing?
The Florida DHSMV Formal Review Hearing is a civil hearing with the purpose of potentially invalidating or removing the administrative suspension from your driving record. This procedure is a deciding factor in whether or not you’ll be able to maintain your full driving privileges following the arrest. In order to ensure the return of your driver’s license and uninterrupted ability to lawfully drive, you’ll want to partner with a DUI attorney in Clearwater to successfully request a hearing and earn a favorable administrative ruling.
An attorney will perform a number of following actions to assist you in getting your license back following a DUI arrest, including but not limited to:
- Filing an application for the Florida DHSMV Formal Review Hearing
- If eligible, securing a temporary driving permit to allow you to drive beyond the 10-day window
Requesting a copy of forms and reports law enforcement relied upon for the suspension of your license
- Determining the legal sufficiency of these materials in preparing an argument for the hearing
Identify relevant issues that may be raised at your administrative hearing
- Calling witnesses to testify and presenting evidence on your behalf
- Issuing witness subpoenas to ensure their attendance at the hearing
The Steps to Request a Formal Review Hearing
To request a formal DMV administrative review hearing, you must first fill out Form 78065: Application for Formal or Informal Review Hearing. On this form, you can either indicate that you are requesting a formal review or a telephonic formal review. In order for this form to be processed successfully, you will need to attach a legible copy of your DUI citation and a check for $25.00 made payable to the Department of Highway Safety and Motor Vehicles. Once again, it is best to partner with one of our skilled DUI attorneys in Clearwater for this process as soon as you have received the notice of suspension who will be able to successfully submit your request for a formal review hearing.
How a DUI Attorney Wins a Formal Review Hearing
For those looking to win their formal review hearing, it’s of the utmost necessity to partner with one of the most highly-qualified DUI attorneys in Clearwater who knows and understands the unique issues associated with Formal Administrative Review hearings at the local Florida DHSMV. He will be well-acquainted with the procedures put in place and the legal issues that need to be explored in the effort to overturn your administrative suspension. Winning your hearing does much more than simply protect your license; it also protects you from the consequences that come with the administrative finding that you drove under the influence. Common reasons for winning the formal review hearing include:
- The arresting office failed to appear at the hearing
- No DUI packet was received by the BAR prior to the hearing
- The Breath Test Operator failed to appear at the hearing
- The stop was invalid
- The evidence is conflicting
- The breath test was invalid
- There is no evidence of driving or actual physical control
- There are missing or illegible documents
There are more than enough benefits to requesting a formal review hearing, including the opportunity to obtain a hardship license, the opportunity to get your driver’s license back, and the opportunity to avoid the additional repercussions of a suspended license. If you or a loved one has been arrested for a DUI, act quickly to challenge the administrative driver’s license suspension by partnering with one of the best DUI lawyers in Clearwater.
For a free consultation with a DUI lawyer in Clearwater, please contact Russo, Pelletier & Sullivan today.