The Story of a Typical DWI / DUI Traffic Stop

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Story of a Typical Florida DUI Traffic Stop

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.

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What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

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.

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How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Arrest?

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.

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What happened to my car?

What Happened To My Car After My DUI Arrest?

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.

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

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.

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How Do I Get a Copy of My DUI Arrest Police Reports?

How Do I Get a Copy of the Police Reports of My DUI Arrest?

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.

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1st Time DUI, 2nd Time DUI Or More, Expert Attorney WF Casey Ebsary Jr, Save My License

Florida DUI Hearings | Bureau of Administrative Reviews

April 2, 2018November 13, 2023 W F Casey Ebsary Jr

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.

Business Purposes Only, Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews, Bureau Of Administrative Reviews, DUI Suspension, HSMV 72034, 322.271, 322.2615(1), 322.21(9)(a), Driving with an Unlawful Breath-Alcohol, DUBAL , Refusal to Submit to a Breath, Blood or Urine Test, Refusal, dui refusal, — 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.

Let us help you 813.222.2220

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.

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.

Let us help you 813.222.2220

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

Tampa DUI Defense Attorney W.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.

Let us help you 813.222.2220

33311-0000(954) 714-3552


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
Panama City	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

Let us help you 813.222.2220

Florida Hearing Office in Hillsborough County, Florida.

State of Florida: Driver Licenses Office
2814 East Hillsborough Avenue, Tampa, FL, United States

Uncategorized

DUI Forms for Bureau of Administrative Reviews

April 19, 2016January 6, 2022 W F Casey Ebsary Jr

DHSMV, DHSMV Bureau of Administrative Reviews, DHSMV Bureau of Administrative Reviews Tampa, Tampa DHSMV Bureau of Administrative Reviews, Forms, DHSMV 78065,

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.

Application for a Florida Hardship License – HSMV 78306

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 not completed upon proof of enrollment within 90 days the hardship license will be suspended.

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.

Application for a Florida DHSMV Hardship Driver's License Form

Application For Formal/Informal Review Of A Driver’s License Suspension or Disqualification HSMV 78065

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.

Florida DHSMV Formal Review Driver's License Suspension or Disqualification Forms

Request for Eligibility Review – HSMV 72034

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.

Restricted License

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.

Florida DHSMV Request for Eligibility Review Form

Tag: DHSMV Bureau of Administrative Reviews

Story of a Typical Tampa DUI Traffic Stop

The Story of a Typical DWI / DUI Traffic Stop

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