DUI School in Hillsborough County, Tampa, Florida, is a mandatory requirement for individuals charged with DUI offenses. To enroll, participants should register in the county where they live, work, or attend school, adhering to specific guidelines unless granted an exception. The enrollment process offers flexibility, allowing individuals to register online, in person at the DUI School, or through mail-in registration.
Positive identification, such as a Driver License, Florida ID Card, work ID, or Military ID, is essential during enrollment, along with pertinent documents like a readable copy of the DUI arrest affidavit, traffic crash report, breath test and/or urine or blood test results, and an original lifetime driving record, required for the state where the participant last held a driver’s license. For detailed information and enrollment, individuals can visit the official Hillsborough County Florida School website at https://www.duicounterattack.org/OnlineRegistration.
Frequently asked questions (FAQ) are also available on the site to provide additional clarity about the process, requirements, and other relevant details. It’s important to follow the outlined procedures and present the necessary documentation to fulfill the obligations successfully.
DUI School in Hillsborough County / Tampa Florida
Where to attend DUI School?
Bullet Points
Enrollees must register in the county where they live, work, or attend school, unless an exception has been granted.
Enrollment may be done on the Internet, in person, or via mail-in registration.
For enrollment please present proof of positive identification (a picture ID is required such as a Driver License, Florida ID Card, work ID or Military ID).
A readable copy of the DUI arrest affidavit or traffic crash report. results of breath test and/or urine or blood test, and an original lifetime driving record are necessary for the evaluation.
The lifetime driving record is required for the state where you last held a driver license.
Are Portable Alcohol Breath Testing Device Valid On Underage Drivers?
Yes. Under Florida Statute 322.2616, Portable Alcohol Breath Testing Device readings are admissible as evidence in administrative hearings for drivers with DUI Under 21. Seek assistance from Casey Ebsary by calling 813-222-2220.
An administrative driving privilege suspension, separate from criminal proceedings, awaits drivers under 21 with a breath or blood alcohol level of .02 or higher. Refusing a DUI test results in a one-year automatic suspension. For the right attorney, call 813-222-2220 and discuss with someone experienced in hundreds of DUI cases.
With a BAC over a 0.08, many Underage DUI drivers have the same issues as any other person charged with a DUI. Underage DUI drivers with a BAC over 0.08 face similar issues as other DUI offenders. For underage DUI charges in Hillsborough and Pinellas, call 813-222-2220 to potentially get “Charges Dropped … Warrant Canceled” with W.F. “Casey” Ebsary, Jr.
For underage DUI Hillsborough and Underage DUI Pinellas charges, call 813-222-2220, if anyone can get “Charges Dropped … Warrant Canceled” W.F. “Casey” Ebsary, Jr can.
DUI DHSMV Consequence
Consequences With DHSMV Administrative License Suspension
The administrative driving privilege suspension is completely separate from the criminal proceedings and does not reflect as a DUI on the driver’s record. Any driver under 21 years of age who is stopped by law enforcement and has a breath or blood alcohol level of .02 or higher will automatically have their driving privilege suspended for 6 months. If any driver refuses to take a DUI test, their driving privilege is automatically suspended for one year.
An administrative driving privilege suspension, separate from criminal proceedings, awaits drivers under 21 with a breath or blood alcohol level of .02 or higher. Refusing a DUI test results in a one-year automatic suspension. For the right attorney, call 813-222-2220 and discuss with someone experienced in hundreds of DUI cases.
Facing an Underage DUI charge in Florida? With a zero-tolerance policy, consequences extend beyond the courts to the Department of Highway Safety, insurance providers, schools, and employment. The National Highway Traffic Safety Administration reports 21% of male teen drivers in fatal crashes had a BAC above 0.01g/dL. Casey Ebsary, Jr., an experienced DUI attorney, is here to guide you through the complexities.
Under Florida Statute 322.2616, Portable Alcohol Breath Testing Device readings are admissible in administrative hearings for DUIs under 21. Casey Ebsary’s expertise ensures a thorough defense. From administrative consequences to insurance hikes, Casey fights to minimize the impact on your life.
For a defense tailored to your situation, call Casey at 813-222-2220. He answers the phone personally, ready to help you navigate the legal challenges and potentially get charges dropped. Don’t face it alone—let Casey be your advocate.
“The RIGHT Attorney” Call 813-222-2220 and talk to an attorney who has been at court for 100s of DUIs
Auto Insurance Center an industry news website has valuable information. As many as half of auto insurance companies will not offer coverage or will discontinue coverage of a minor with a DUI. A family policy with an underage DUI will likely double or triple the cost. A teen’s own already expensive policy, sometimes $500 monthly will easily increase to $800 monthly. The Zebra an auto insurance comparison/shopping website states that on average a DUI increases insurance rates 50%. The average Florida insurance rates are $1878.19 with no DUI. The average Florida insurance rate with a DUI is $2833.59. The DUI will continue to affect these costs for 5 years.
In short, up to half of insurance companies may discontinue coverage for minors with a DUI, potentially doubling or tripling policy costs. A DUI can increase insurance rates by 50%, affecting costs for five years. To address these issues, call 813-222-2220 for expert legal assistance.
“DUI Dropped” Call an expert attorney at 813-222-2220
DUI Schools Consequence
Consequences With Schools
Many schools have clauses in the Code of Conduct that allow the school to administer disciplinary procedures even when the courts have dropped the case. Hillsborough County Code of Conduct states that a student arrested or charged “may be suspended from extracurricular activities and/or excluded from school.”
University of South Florida Code of Conduct states “referral to the student judicial process” for students who had a Breath Alcohol Level of .02 or higher.
University of Tampa Code of Conduct actually specifies that it does not allow “[p]ossessing, consuming or being under the influence of alcoholic beverages under the legal drinking age” and does not allow “[o]perating a motor vehicle while impaired by alcohol as defined under Federal and Florida law.” Students with DUI charges in Pinellas County and their parents are required to enroll in Pinellas County Schools’ drug/alcohol educational program as well as suspensions.
Eckerd College Code of Conduct also prohibits underage drinking and DUI.
What Happens when a College Student Gets Arrested for DUI? DUI and College Students
Most colleges have an honor code where even though conduct that may have resulted in criminal charges did not occur on campus, the people still can be charged under the student honor code. It’s really important that both parts of the case be addressed.
The honor code usually will not allow an attorney to appear on your behalf therefore, it’s important for an attorney to prepare you for that hearing. The criminal case will proceed notwithstanding whatever happens to you in college.
Many schools impose disciplinary procedures for DUI cases, even if dropped by the courts. Code of Conduct clauses allow for suspensions and exclusions from extracurricular activities. For advice and representation, call 813-222-2220.
Some jobs routinely run Criminal Records Search before hiring. Many jobs require a drivers license including: truck drivers, pizza delivery, flower delivery, Lyft, Uber, newspaper delivery, automotive sales, car rental agents, car washers, cable TV installation & repair, construction, manufacturing, security, utilities and unions jobs including electricians and plumbers. Without a license it may be harder to obtain a new job or to continue at a current job. Also without a license, reliable transportation to and from the job becomes complicated, sometimes nearly impossible.
We knew a young man in Tampa without a license that lived 13.4 mi from his job. Since he had no drivers license, it took him between 1.5 – 2.5 hours on the bus each way. If he had to be at work before 7am or if he had to work after 9pm, he simply had to find another way because the buses were not running.
Many of these DUI issues are addressed in our videos library. Call an expert attorney at 813.222.2220
Florida Statutes Title XXXIV. Alcoholic Beverages and Tobacco § 562.11
(1)(a)1. A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subparagraph a second or subsequent time within 1 year after a prior conviction commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
2. In addition to any other penalty imposed for a violation of subparagraph 1., the court may order the Department of Highway Safety and Motor Vehicles to withhold the issuance of, or suspend or revoke, the driver license or driving privilege, as provided in s. 322.057, of any person who violates subparagraph 1. This subparagraph does not apply to a licensee, as defined in s. 561.01, who violates subparagraph 1. while acting within the scope of his or her license or an employee or agent of a licensee, as defined in s. 561.01, who violates subparagraph 1. while engaged within the scope of his or her employment or agency.
3. A court that withholds the issuance of, or suspends or revokes, the driver license or driving privilege of a person pursuant to subparagraph 2. may direct the Department of Highway Safety and Motor Vehicles to issue the person a license for driving privilege restricted to business purposes only, as defined in s. 322.271, if he or she is otherwise qualified.
(b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide alcoholic beverages to a person younger than 21 years of age who is employed by the licensee except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than 21 years of age who is employed by the licensee to consume alcoholic beverages on the licensed premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as “the Christopher Fugate Act.”
(c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.
(d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served:
1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older;
2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and
3. Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.
(2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person under 21 years of age to purchase or attempt to purchase alcoholic beverages.
(a) Anyone convicted of violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person under the age of 17 years who violates such provisions shall be within the jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile delinquent according to law.
(c) In addition to any other penalty imposed for a violation of this subsection, if a person uses a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles in violation of this subsection, the court:
1. May order the person to participate in public service or a community work project for a period not to exceed 40 hours; and
2. Shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the person’s driver license or driving privilege, as provided in s. 322.056.
(3) Any person under the age of 21 years testifying in any criminal prosecution or in any hearing before the division involving the violation by any other person of the provisions of this section may, at the discretion of the prosecuting officer, be given full and complete immunity from prosecution for any violation of law revealed in such testimony that may be or may tend to be self-incriminating, and any such person under 21 years of age so testifying, whether under subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or hearing for which immunity from prosecution therefor is given.
(4) This section does not apply to a person who gives, serves, or permits to be served an alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is delivered as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a public postsecondary education institution; if the student is enrolled in the college and is required to taste alcoholic beverages that are provided only for instructional purposes during classes conducted under the supervision of authorized instructional personnel pursuant to such a curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a student and at all times remain in the possession and control of such instructional personnel, who must be 21 years of age or older; and if each participating student executes a waiver and consent in favor of the state and indemnifies the state and holds it harmless.
Driving Under the Influence (DUI) is a serious offense, and in Florida, it takes different forms with distinct legal implications. This comparative analysis focuses on two key statutes: TRAF1025 and TRAF1012. TRAF1025 pertains specifically to DUI cases involving property damage or personal injury, while TRAF1012 addresses the broader category of First Time DUI offenses in Hillsborough County, Florida.
Driving Under the Influence (DUI) is a serious offense, and in Florida, it takes different forms with distinct legal implications.
Driving Under Influence
Property Damage Personal Injury
“A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state”
TRAF1025 DUI with Property Damage or Personal Injury
Definition and Elements
TRAF1025 deals with DUI offenses where property damage or personal injury is involved. According to Florida Statute 316.1933.C12B, this offense is categorized as a 3rd-degree felony. To establish guilt, the prosecution needs to prove that the defendant was operating a vehicle under the influence and that the incident resulted in property damage or personal injury.
Penalties
The penalties for TRAF1025 include felony-level consequences, such as fines and potential imprisonment. Repeat offenses within a specified timeframe escalate the severity of the penalties, emphasizing the state’s commitment to addressing DUI incidents with property damage or personal injury.
TRAF1012 addresses the broader category of First Time DUI offenses in Hillsborough County. To prove guilt, the prosecution needs to establish that the defendant was operating a vehicle under the influence, with a blood alcohol concentration (BAC) of 0.08% or higher, or impaired normal faculties. Refusal to submit to a breathalyzer or chemical test doesn’t preclude pursuing DUI charges.
Penalties
Being a misdemeanor offense, TRAF1012 entails penalties like fines, potential jail time, license suspension, mandatory attendance at DUI school, and community service. The severity of penalties may increase if the driver’s BAC is 0.15% or higher.
TRAF1025 is specifically tailored for DUI cases involving property damage or personal injury, making it a more specialized charge. On the other hand, TRAF1012 encompasses the broader category of First Time DUI offenses without a focus on property damage or personal injury.
Severity and Level of Offense
TRAF1025 is classified as a 3rd-degree felony, indicating a higher level of severity compared to the misdemeanor status of TRAF1012. Felony offenses carry more substantial penalties, including potential imprisonment for repeat violations.
Penalties and Consequences
While both offenses involve fines, imprisonment, and other penalties, the specific nature and intensity of these consequences differ. TRAF1025, being a felony, entails more severe penalties, including mandatory placement of an ignition interlock device for certain convictions.
Repeat Offenses
TRAF1025 explicitly addresses repeat offenses within a specified timeframe, enhancing the penalties for subsequent violations. TRAF1012 also considers repeat offenses but doesn’t have the same specialized focus on cases involving property damage or personal injury.
Conclusion
In conclusion, TRAF1025 and TRAF1012 represent different facets of DUI offenses in Florida. TRAF1025 narrows its focus to cases involving property damage or personal injury, resulting in felony-level consequences. In contrast, TRAF1012 addresses the broader spectrum of First Time DUI offenses, categorized as misdemeanors with penalties of varying degrees. Understanding the distinctions between these statutes is crucial for individuals facing DUI charges in Hillsborough County, providing insight into the potential legal consequences based on the nature of the offense. If charged, seeking legal assistance promptly is recommended to navigate the complexities of the legal system and explore possible defense strategies. Contacting a qualified attorney, as indicated in the provided contact information, allows individuals to share their situation and receive guidance on navigating the legal process effectively.
Raw Data – Driving Under Influence Property Damage Personal Injury
If you have been charged with TRAF1025 DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY M you can call a Tampa DUI Lawyer NOW FOR FREE at 1-877-793-9290 and tell me your story.
The term “serious bodily injury” means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Form Code: TRAF1025
Florida Statute: 316.1933.C12B
Level: Fel (Felony)
Degree: 3rd
Description: DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY
TRAF1025 DUI WITH PROPERTY DAMAGE OR PERSONAL INJURY is often charged in Hillsborough County, Florida.
Title XXIII MOTOR VEHICLES
Chapter 316 STATE UNIFORM TRAFFIC CONTROL
316.193 Driving under the influence; penalties.
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
(12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence.
(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.
3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.
Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.
Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.
Loss of Privilege
If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.
Recording of “Test”
Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.
DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests. Under Florida public records law, the media can obtain copies of all reports, including this video.
If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.
Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.
You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.
If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.
Hardship License
Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.
Standards For Suspension
The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.
How Do I Get a Copy of My DUI Arrest Police Reports?
A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.
The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479
CAUTION: Special Option DUI Hearings for First Time DUI Cases
First, this DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 holds many DUI Hearings.
Detailed Information Request For Eligibility Review – Business Purposes Only
Now, DUI Defendants have another confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews allows a Request For Eligibility Review. Furthermore, the program has a few drawbacks.
While requesting this a driver may stay on the road for business purposes only. As a result, 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.
Using this form (HSMV 72034) the DUI Suspension can be limited, but not 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.
DUI Request For Eligibility Review Business Purposes Only
Nevertheless, you or your lawyers can request a review of your record for the purpose of reviewing and determining eligibility for immediate reinstatement of your driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes.
DUI Formal Review Hearings in Tampa, FL: Understanding Your Rights
If you’ve recently been arrested for DUI in Tampa, Florida, it’s crucial to be aware of the administrative suspension of your driver’s license. You have a limited window of 10 days after the arrest to request a formal review hearing to contest this suspension. The specific regulations governing this process are outlined in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code.
The administrative suspension is triggered by a DUI arrest involving either a refusal to take a breath test or a recorded breath test reading above .08. Engaging an experienced DUI attorney at this stage is essential due to the intricacies involved in challenging the administrative suspension of a Florida driver’s license.
Our firm is well-versed in effective strategies for conducting formal review hearings in Florida, aiming to contest administrative suspensions successfully. Winning this hearing is a pivotal step in safeguarding your driving record and shielding yourself from the repercussions associated with being deemed to have driven under the influence of alcohol or drugs, even if you later avoid a DUI conviction in the criminal case.
The driver must understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and the driver must pay a $25.00 filing fee for this review, pursuant to section 322.21(9)(a). The driver must also pay a reinstatement fee of around $200.00 to get the restricted license.
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes. First driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level has 6 months suspension. Then Refusal to Submit to a Breath, Blood or Urine Test has 1-year suspension.
Reinstatement of the driving privilege uses statutory eligibility requirements. These include enrollment in DUI School. A driver must also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7) Florida Statutes, is deemed a waiver of my right to formal and informal review under section 322.2615, Florida Statutes.
The Form, HSMV 72034 (0512013) is available by email upon request from our office.
Why is the Administrative Hearing Important?
Successfully navigating the formal review hearing process offers several benefits under Florida law:
Temporary Business Purpose Only (BPO) License: Requesting a formal review hearing provides an opportunity to obtain a 42-day BPO license (commonly known as a hardship license), allowing you to continue driving for business purposes while your attorney challenges the administrative suspension.
Non-appearance of Witnesses: If the arresting officer or breath test operator fails to appear after being served with a subpoena, you automatically win the administrative hearing.
Subpoena Power: You can subpoena witnesses, and if they fail to appear, you can secure an extended driving permit while your attorney enforces the subpoena against them.
Insufficient Evidence: If there is inadequate evidence to support the necessary showing required to uphold the suspension, you may win the hearing.
Invalidation of Suspension: Winning the hearing results in the invalidation of the administrative suspension, nullifying the actions taken by the arresting officer at the arrest scene.
Early Defense Exploration: Even if you lose the hearing, your attorney can subpoena witnesses, inspect calibration records, and explore crucial defenses early in your case.
Additionally, questioning officers or civilian witnesses during the hearing allows your attorney to lock them into their testimony, providing an opportunity to exploit inconsistent statements or disprove certain versions of events early in the case.
During the formal review hearing, the Florida DHSMV hearing officer will assess the evidence presented to determine, by a preponderance, if there is sufficient cause to uphold, modify, or annul the suspension of the driver’s license according to Florida Statutes Section 322.2615.
Key matters to be decided in the DUI formal review hearing when the driver is accused of exceeding the legal limit include:
Whether the DUI officer had reasonable grounds to believe that the individual was operating or in control of a vehicle in the State of Florida while under the influence of alcohol or controlled substances.
Whether the individual had an unlawful blood-alcohol level or breath alcohol level (BAL) of .08 or higher, as specified in Florida Statute 316.193.
For cases where the driver is accused of refusing a breath or urine test, the following issues will be considered:
Whether law enforcement had reasonable cause to believe the individual was driving or in control of a motor vehicle in the State of Florida under the influence of alcohol or a controlled substance.
Whether the individual declined to undergo a urine or a test measuring breath or blood alcohol level after being asked by a law enforcement officer.
Whether the individual was informed that refusing a test would result in a one-year suspension of their privilege to operate a motor vehicle, or in the case of a subsequent refusal, an eighteen-month suspension.
Additionally, the hearing officer must address whether the refusal to take a breath test occurred in connection with a lawful arrest.
Bureau of Administrative Reviews Office Locations
Tampa DUI Defense AttorneyW.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service. It is also useful for those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. Therefore, the Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews DHSMV are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Especially relevant, 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. Most noteworthy, we request and handle these hearings for our Driving Under the Influence clients.
