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
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.
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.
Business Purposes Only Restrictions
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.
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.
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
Florida Hearing Office in Hillsborough County, Florida.
Forms, forms, and more forms for DUIs from the
Florida Department of Highway Safety and Motor Vehicles
We have all of the forms to reinstate your driver’s license after a DUI suspension. The first form is an application to obtain a hardship license HSMV 78306. Second, we have the application for formal/informal review of a driver’s license suspension or disqualification HSMV 78065. Finally, we have the form for Request of eligibility review HSMV 72034.
3 Most Important DHSMV Forms
Keeping track of all the latest DUI forms at the Department of Highway Safety and Motor Vehicles can be a tough task. While the department has numerous forms, we have found the three most important forms that drivers need to use to get back on the road legally.
The first form is number 78306. That form is the basic application for a hardship driver’s license. It is important to note that knowingly making a false statement or concealing facts may result in denial of the hardship license.
Fill-in Form, Pay Fees, Schedule Hearing
The driver or potential driver needs to go to a local Bureau of administrative reviews office to apply for a hearing with the completed form. Schedule the hardship hearing and pay $12 fee. Schedule an administrative review hearing and pay a $25 fee.
Driver Education Or Substance Abuse Course
Florida law requires that anyone who requests such a hearing for early reinstatement of a driver’s license must either enroll in or complete the appropriate driver education or substance abuse course. It is usually a good idea to stop by the closest office and make sure you have completed all of these requirements.
Another important thing to remember is that the completion of the driver improvement for DUI school certificate must be presented at the time of the hearing. Sometimes it is only required to provide proof of enrolling in classes. However, if the school is notcompleted upon proof of enrollment within 90 days the hardship license will besuspended.
Finally, it is possible to have a telephone hearing and that option can be decided by the hearing officer. Call the nearest Bureau of administrative reviews office to see if you are eligible for a telephone hearing. Sometimes it is very tough to reach them by phone.
The next form, number 78065 is the form that must be completed when a driver’s license has been suspended for either blowing over a .08 or upon refusal to submit to a chemical test. The form must be submitted along with a legible copy of the DUI citation which also serves as a notice of suspension. If you wish to request a formal or informal review the form must be submitted along with a $25 filing fee it is best to do this in person.
Importance of Hearings
Many citations contain the address where you must appear to request that hearing. Requesting a formal or informal review of a driver’s license suspension will result in the issuance of a 42-day permit. If the hearing is lost or the driver or his attorney misses the hearing, the driver will not be able to drive legally on the 43rd day. Election to proceed with the hearing is an important decision and to win, a lawyer is a helpful ally. You cannot change your mind after electing this option.
First-time DUI defendants often can use this to get back on the road and for the most part. When a driver uses this form there is a waiver of a hearing. A permanent record of the alcohol or drug-related incident will be made on the driver’s record. The driver can drive under a hardship license for business purposes. You cannot change your mind after electing this option. Unlike the hearing to challenge the DUI suspension, this hearing determines only if the driver is eligible for a hardship license. There is a strict 10-day limit to obtain this permit. Again, a competent DUI lawyer can help the driver prepare for this hearing. Success at this hearing will allow a driver to continue to drive for business purposes no matter what happens in the criminal case.
A driver’s license hearing officer will determine if the driver is eligible for immediate reinstatement of their driving privilege on a restricted basis under Florida statute 322.2615. Florida statute section 322.271 states a restricted license only allows necessary driving. This includes driving to and from work, necessary on-the-job driving, driving for educational purposes, driving for church and for medical purposes. There is a $25 filing fee to proceed with an eligibility review.
Only 10 Days
The driver must request this eligibility review within 10 days of a DUI arrest. To obtain this eligibility and the permit the driver must provide proof of enrollment in the DUI school. The driver must also have a legible copy of the DUI citation. The penalty for driving with an unlawful breath alcohol or blood alcohol level is 6 months for a first-time offender. Only first timers are eligible for this type of permit. The penalty for refusal to submit to a breath blood or urine test is one-year. Again only first-timers are eligible here.
Waving Rights To Review
Statutory eligibility requirements including completion of the DUI school determine the reinstatement of a driver’s license on a restricted basis. When a driver proceeds under this provision of the Florida Statutes, they are accepting the reinstated driver’s license under 322.271. This waves any right to a formal or informal review under Florida statute 322.2615. This results in a permanent entry on the driving record of this alcohol-related incident. This is an important decision and an Attorney may help choose the best course.