Business Purposes Only, Request For Eligibility Review
DUI Request For Eligibility Review Business Purposes Only
Business Purposes Only Driver’s License
DUI Defendants have a confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews now allows a Request For Eligibility Review. The program is limited and there are a few drawbacks.
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.
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.
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.
Length of License Suspension for DUI
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes, as follows:
Driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level = 6 months suspension
Refusal to Submit to a Breath, Blood or Urine Test = 1-year suspension
Reinstatement of the driving privilege on a restricted basis as set forth herein is conditioned on statutory eligibility requirements, including but not limited to 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.
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.
Florida Driver’s License Suspension Hearings. First of all, here is the Bureau of Administrative Reviews located in Clearwater, Florida. Most noteworthy, the office handles license suspension hearings for Pinellas, Pasco, and Hernando Counties. Florida suspends licenses for a number of reasons. Furthermore, drivers regain driving privileges here after being charged with a DUI in Clearwater. Also, drivers can also obtain a Business Purposes Only license here.
Finally, is your License Suspended? Call Casey at (813) 222-2220.
Driving Under the Influence (DUI) laws and penalties vary by state and even within different jurisdictions within a state. Here is some general information about DUI laws in Florida, including Clearwater. However, keep in mind that laws may have changed, and it’s essential to consult with a legal professional for the most current advice.
Penalties for DUI in Florida:
Administrative Penalties:
License suspension: Immediate suspension of the driver’s license upon failing or refusing a breath test.
Ignition Interlock Device (IID): Installation of an IID may be required, especially for subsequent offenses.
Criminal Penalties:
Fines: Monetary penalties that increase with subsequent offenses.
Jail time: Mandatory imprisonment, especially for repeat offenses.
Probation: Supervised probation with conditions such as alcohol education or treatment.
Community service: Required hours of community service.
Vehicle Impoundment: The vehicle used in the commission of the DUI offense may be impounded.
Court-Ordered Programs:
DUI School: Completion of a state-approved DUI education program.
Substance Abuse Treatment: Required for individuals with substance abuse issues.
Permanent Record: A DUI conviction becomes a part of the driver’s permanent record.
Enhanced Penalties for Aggravating Factors:
Higher BAC levels may result in enhanced penalties.
DUI with property damage or injury can lead to more severe consequences.
It’s crucial to consult with an attorney if you are facing DUI charges. They can provide advice tailored to your specific situation and help navigate the legal process. Additionally, laws may have changed since my last update, so checking the latest statutes and regulations is essential for accurate information.
Facing DUI Charges in Clearwater, Florida?
Discover your options and protect your rights with our experienced DUI defense attorney.
Contact us now for a free consultation: 813-222-2220
Types of DUI Charges in Clearwater, Florida
DUI Charge
Description
First Time DUI
No priors; no injury or property damage.
Multiple DUI
Prior convictions; potential felony charge.
Felony DUI
3 DUIs in 10 years OR 4th DUI OR injury.
DUI with Serious Bodily Injury
Felony; injury causing disfigurement or death.
Aggravated DUI
BAC .15% or above OR presence of children.
DUI with Drugs
Under drug influence, not alcohol.
DUI with Property Damage
Damaged property under alcohol/drug influence.
DUI Manslaughter
Felony; someone died due to DUI.
Commercial Vehicle DUI (CDL DUI)
Commercial drivers held to higher DUI standard.
Under 21 DUI (Zero Tolerance)
Below 21, over .02%; facing DUI charges.
Boating Under the Influence (BUI)
DUI laws apply to boating; limit .08%.
What Happens When You Get Arrested for DUI?
When arrested for DUI, two processes kick in: criminal court proceedings and administrative actions such as license suspension.
The criminal charge leads to a court date, potentially involving penalties like jail time, probation, or community service. Simultaneously, the police officer may suspend your license immediately.
It’s crucial to understand the distinction between the criminal and administrative processes — they are unrelated and do not affect each other.
Administrative Suspension
If arrested with a BAC over .08, your license is suspended for six months. For first-time offenders, options include a formal review hearing or enrolling in DUI school for a hardship permit.
Choosing a hardship license means the .08 suspension stays on your record, impacting insurance costs and job prospects even if the criminal case is won or dismissed.
Requesting a DHSMV formal review hearing triggers a short hardship permit, with a hearing scheduled within 30 days. Winning the hearing lifts the suspension; losing leads to a “no-drive” period, followed by a hardship permit if enrolled in DUI school.
Florida DUI Table of Penalties
DUI Offense
Penalties
First DUI
Fine: $500 – $1,000
Prison: Up to 6 months
License Revocation: 6 months to 1 year
Vehicle Impoundment: Up to 10 days
Probation: Up to 1 year
DUI School & Treatment
Community Service: Up to 50 hours
Second DUI
Fine: $1,000 – $2,000
Prison: Up to 9 months
License Revocation: 6 months to 1 year
Vehicle Impoundment: Up to 30 days
Probation: Up to 1 year
DUI School & Treatment
Community Service: Up to 50 hours
Mandatory Jail (within 5 years): Up to 10 days
License Revocation (within 5 years): 5 years
Third DUI (Felony)
Fine: $2,000 – $4,000
Prison: Up to 1 year
License Revocation: 6 months to 1 year
Vehicle Impoundment: Up to 90 days
Probation: Up to 1 year
DUI School & Treatment
Community Service: Up to 50 hours
Mandatory Jail (within 5 years): Up to 30 days
License Revocation (within 5 years): 10 years
When facing DUI charges, thorough evaluation and understanding of the case are essential. We specialize in various DUI defense topics, including drug-related accusations, felony DUI, DUI manslaughter, and more.
Contact us for a free consultation to discuss the specifics of your case and receive expert guidance.
Why Choose Us for Clearwater DUI Defense?
Decades of experience, a background in the state attorney’s office, and a commitment to your defense set us apart. Our skilled team is dedicated to providing top-notch representation.
Understanding the specific DUI charge is crucial, as penalties vary based on factors like prior offenses, BAC levels, injuries, property damage, and age.
First time DUI: No prior offenses, no aggravating factors.
Boating Under the Influence (BUI): DUI laws apply to boating; legal limit is .08%.
Regardless of the charge, consulting a Clearwater DUI attorney is crucial. Contact us at 813-222-2220 for a free consultation and comprehensive legal assistance.
The Law on Misdemeanor DUI in Clearwater, Florida
Under Florida law, a misdemeanor DUI applies when an individual is driving or in physical control of a vehicle while impaired by alcohol, chemical substances, or controlled substances.
Regardless of the substance involved, impairment of normal faculties results in a misdemeanor DUI charge, which can have serious consequences on personal and professional life.
Free Consultation for Your DUI Case
Our consultations are free, confidential, and crucial for your DUI defense. Schedule within 10 days to avoid missing essential decisions.
Call 813-222-2220 now to discuss your case with our experienced DUI defense attorney.
Additional Information
Driving under the influence (DUI) is a serious offense in Florida, with severe consequences based on case specifics. For first-time offenders, the misdemeanor charge might seem less severe, but it can significantly impact your life.
Prosecution often has substantial evidence, affecting case outcomes. Hiring an experienced DUI defense lawyer is crucial to building a strong defense and navigating legal complexities.
If you’re looking for a top law firm to fight your DUI case in Clearwater, Casey the Lawyer is here for you. Contact us today for a free consultation and let us fight your DUI charges together.
Don’t hesitate to reach out. Call Casey the Lawyer at 813-222-2220 for a free consultation and expert guidance in Clearwater, Florida.
Mandatory Field Sobriety Testing Imposed in Clearwater, Florida
Before 2014, the attending officer had discretion in giving the roadside field sobriety tests (FST). Furthermore, these FST are usually “failed.” Early on January 23, 2014, two Clearwater DUI cops found the DUI driver was a fellow officer. They decided to give him a ride home with no FST. The public found out on April 29, 2014, when the Tampa Bay Times reported it. As a result, Clearwater police Chief Tony Holloway created a policy so this won’t happen again. Now almost everyone, not just suspects with a hint of alcohol on their breath can expect a run-around that almost always ends in DUI in Clearwater.
It seems like a minor punishment that these cops received 1-5 days of work suspension. But this is a major punishment for citizens. Now, most will “fail” these roadside “tests.” Later, they pass a breath test or are not guilty. Finally, here are some of the names mentioned: Sergeant Sean Allaster, Officer Nicholas Capogna, and Seargent David Young. Thank you all for your service.
Clearwater Police FST Policy
The Clearwater Police Department requires EVERY officer to conduct roadside field sobriety tests EVERY time they suspect an intoxicated driver. If you need a lawyer’s help, call (813} 222-2220.
Lawyer Reports on Clearwater Police Department DUI Unit
Clearwater DUI Attorney reports that the Clearwater Police Department DUI Team is using “slick top”, video-equipped, mostly Ford Crown Victoria, marked police cruisers. Since the cars have no visible overhead emergency lights, they are harder to spot as cop cars. Also, the police primarily patrol high volume roads throughout the city for aggressive and impaired drivers. Due to the high number of DUI in Clearwater charged, all five (5) of the officers on the team have been recognized by Mothers Against Drunk Driving for their aggressive enforcement of drunk driving laws. W.F. ”Casey Ebsary, Jr., a Board Certified Criminal Trial Lawyer from Tampa is available at 877-793-9290 to assist in defending against aggressive enforcement of traffic laws.
Clearwater Sobriety Checkpoint
Police held a DUI Checkpoint on Dec 22 in Clearwater, FL in the area of Ulmerton Rd & Starkey Rd
We Have Previously Reported:
Pinellas DUI Attorney notes a Clearwater Sobriety Checkpoint Friday, October 19, 10 pm to Saturday, October 20, 3 am, at the National Aviation Academy, 6225 Ulmerton Road in Clearwater. Also, this is the first time we have seen this location used to look for DUI in Clearwater.
Pinellas DUI Checkpoint 3655 Tampa Road Oldsmar, Florida | Sep 28, 2012
Largo DUI Checkpoint | Jul 29
Pinellas Deputies and Largo Police To Conduct a Sobriety Checkpoint In Pinellas County in Largo. Deputies will conduct a DUI checkpoint tonight. Also, the Pinellas County Sheriff’s Office has zero-tolerance for driving intoxicated from drinking or drugs.
Pinellas DUI Checkpoint | Feb 19
Since there is a DUI checkpoint there will be many people charged with DUI. Also, there will be arrests driving without a valid license and driving with a suspended or revoked license.
Pinellas Holiday DUI Checkpoint | Dec 07
In an effort to reduce DUI related injuries and save lives this Holiday season, Pinellas County deputies will conduct four DUI checkpoints over the next two weekends. The sobriety checkpoints will be conducted at multiple locations.
