Below is video from inside a jail. There a cop is administering Florida’s Implied Consent warning, This warning is given prior to requesting a suspect to take a breath test on an Intoxilyzer breath machine.
Breath Test Refusal Update
What do police officers do when arrested for DUI and asked to take a breath test or perform Field Sobriety Exercises?
In the past ten years, this topic is of interest to many of our viewers. The breath test is voluntary if the arresting officer properly informs suspects of their options. One court ruled that where the cop misinformed a DUI suspect that he would be eligible for a hardship license if he submitted to a breath test. The cop also told him he would not be eligible if he refused the test.
Due to misinformation, it could not be proven that suspect’s decision to submit to the test was not influenced by misinformation; the state has failed to prove that submission to test was voluntary. Tthe test results were not allowed in the proceeding. Source: FLW Supp 1703Perd
Refusal of a Breath Test
One DUI defense may come from the implied consent law. The implied consent law says that by driving you have agreed to chemical tests to determine alcohol or drug content. Sometimes police don’t give suspects their options properly. In Florida law, refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. Let’s go behind the scenes and into an interrogation room at a local jail where a DUI cop is informing the suspect of his options.
Florida Law Requires. “The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible as evidence in any criminal proceeding.” 316.1932 (1)(a)1.a. (Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.)
The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
CAUTION: Special Option for First Time DUI Cases
The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews now allows a Request For Eligibility Review. The program waives the driver’s right to challenge the validity of a suspension and will result in a permanent entry of the driving record.. The driving privilege will be limited and there are a few other drawbacks.
With this option selected a driver may stay on the road for business purposes only. Selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
The Florida DHSMV Bureau of Administrative Reviews Introduces Request for Eligibility Review: Advantages and Drawbacks
The State of Florida Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews has recently implemented a new program called the Request for Eligibility Review. This program, while offering certain advantages, comes with a set of limitations and drawbacks that drivers should be aware of before participating. In this blog post, we will explore the key features of this program and discuss its implications.
Advantages of the Request for Eligibility Review:
The Request for Eligibility Review program provides an opportunity for drivers who have received a suspension to regain their driving privileges. By opting for this program, individuals can bypass the process of challenging the validity of their suspension, saving time and effort. Moreover, successfully completing the program results in the restoration of driving privileges, allowing drivers to get back on the road sooner.
Drawbacks and Limitations:
While the Request for Eligibility Review program may appear beneficial, it is important to note its drawbacks and limitations. First and foremost, participating in this program waives the driver’s right to challenge the validity of the suspension. This means that if the suspension was unjust or erroneous, the driver will not have an opportunity to contest it.
Additionally, it is crucial to understand that opting for this program will result in a permanent entry on the driving record. This can have long-term consequences, as a permanent record may affect insurance premiums, future employment opportunities, and other aspects of the driver’s life.
Furthermore, it is essential to recognize that the driving privileges restored through this program will be limited. Drivers may face restrictions such as mandatory completion of driving courses, installation of ignition interlock devices, or other conditions imposed by the DHSMV.
The Request for Eligibility Review program introduced by the Florida DHSMV Bureau of Administrative Reviews offers an avenue for drivers to regain their driving privileges more quickly. However, it is essential to carefully consider the drawbacks and limitations associated with this program, including the waiver of the right to challenge the suspension’s validity, the permanent entry on the driving record, and the potential for limited driving privileges. As with any significant decision related to driving privileges, it is advisable to consult legal professionals or seek guidance from the DHSMV to fully understand the implications and make an informed choice.
BREAKING NEWS October 2016
DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605
DHSMV Bureau of Administrative Reviews Hearing Office Is Now Closed DHSMV Bureau of Administrative Reviews will reopen Wednesday, October 19 at their original location of 2814 East Hillsborough Avenue.
From a Well-Informed Local Source: “If you haven’t noticed, the Tampa Field Hearing Office for the Bureau of Administrative Reviews is now closed. They won’t reopen until Wednesday, October 19 at their original location at 2814 East Hillsborough Avenue.” “It would seem that the short-sightedness of the DHSMV is biting our clients in the rear again. We contacted the Pinellas Field Hearing Office, and it would seem that they had no backup plan to schedule hearings or issue temporary permits to Tampa DUI defendants. After being put on terminal hold for a half hour, my office was advised that the Pinellas Office would see our clients to issue temporary permits. They are not going to schedule appointments for Tampa, but at least we can get something for our clients to drive on.”
Tampa DUI Defense Attorney W.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service to those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. The Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews, Department of Highway Safety and Motor Vehicles (DHSMV) are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. We request and handle these hearings for our Driving Under the Influence clients.
The Form, HSMV 72034 (0512013) is available by email upon request from our office.
Bureau of Administrative Reviews Office Locations
4585 – 140th Avenue, North, 1002
995 Orange Avenue
4048 Evans Avenue, #305
3223 S. Federal Highway, Suite #8
Ft. Walton Beach
115-A Northwest Racetrack Road
2815 NW 13th Street, Suite 302
7439 Wilson Blvd.
3708 W. Oakland Park Blvd.
2515 West Flagler Street
4101 Clacona Ocoee Road, Suite #152
2325 S. Babcock St., Suite B
237 West 15th Street – Lincoln Center
7282 Plantation Road, Suite #406
504-A Capital Cr. S. E.
2814 E. Hillsborough Ave.
West Palm Beach
1299 West Lantana Road
290 East SR 434
Administrative Hearing Location in Tampa | Florida | DUI Administrative Hearing
W.F. Casey Ebsary, Jr.
DUI Tampa Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews Florida Hearing Office in Hillsborough County, Florida.