The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
CAUTION: Special Option DUI Hearings for First Time DUI Cases
Detailed Information 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.
Business Purposes Only Restrictions
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.
Issues at the DUI Formal Review Hearing
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
Bureau of Administrative Reviews Office Locations
|City||Address||Zip Code||Phone Number|
|Clearwater||4585 – 140th Avenue, North, 1002||33762-0000||(727) 507-4405|
|Daytona Beach||995 Orange Avenue||32114-4663||(386) 254-3912|
|Ft. Myers||4048 Evans Avenue, #305||33901-0000||(239) 278-7421|
|Ft. Pierce||3223 S. Federal Highway, Suite #8||34982-8105||(772) 460-3660|
|Ft. Walton Beach||115-A Northwest Racetrack Road||32547-1644||(850) 833-9716|
|Gainesville||2815 NW 13th Street, Suite 302||32609-2861||(352) 955-2030|
|Jacksonville||7439 Wilson Blvd.||32210-3597||(904) 777-2132|
|Lauderdale Lakes||3708 W. Oakland Park Blvd.|
|Miami||2515 West Flagler Street||33135-1422||(305) 643-7569|
|Orlando||4101 Clacona Ocoee Road, Suite #152||32810-4221||(407) 445-5581|
|Palm Bay||2325 S. Babcock St., Suite B||32901-7121||(321) 984-4810|
|237 West 15th Street – Lincoln Center||32401-0000||(850) 872-7747|
|Pensacola||7282 Plantation Road, Suite #406||32504-6331||(850) 494-5728|
|Tallahassee||504-A Capital Cr. S. E.||32301-3817||(850) 487-2788|
|Tampa||2814 E. Hillsborough Ave.||33610-4479||(813) 276-5795|
|West Palm Beach||1299 West Lantana Road||33462||(561) 540-1191|
|Winter Springs||290 East SR 434||32708-0000||(407) 327-6678|
Florida Hearing Office in Hillsborough County, Florida.