Florida DMV Administrative Review Hearing
Representation from Our Miami DMV Hearing Lawyer
After a person has been arrested for driving under the influence in Florida, he/she will automatically lose his/her driving privileges for 6 months to one year unless he/she schedules a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), and contests the suspension of his/her license. Once an application for a formal review hearing is filed, a temporary driving permit will be issued.
10 Days to Schedule a Hearing in FL
It is important that people remember that from the date of their DUI arrests, they only have 10 days to schedule a hearing with the Florida DMV. If people fail to schedule their hearings with the DHSMV, they will not be able to legally drive for at least 6 months. Once a person has scheduled his/her DHSMV hearing, he/she will have to report to the DMV on the scheduled date and time. At the DMV hearing, the person will meet with a DMV representative whose main objective is to determine if the person’s driving privileges should remain suspended or be reinstated.
What Happens During a DMV Hearing in FL?
During the hearing, the hearing officer will review the person’s entire case, listen to police officer testimony, and also question the person to gain further insight into among other things whether there was probable cause and/or whether the driver drove with a breath/blood alcohol level of above a .08. The hearing officer will then make a final decision regarding the person’s driver’s license based upon the evidence presented and his/her findings. This decision is likely to impact the person’s quality of life and personal freedom for an extended period of time.
Review Hearings for Administrative Suspensions and Disqualifications
When a person is arrested for a DUI in Florida, the driver can face a lengthy interval of license suspension. However, a driver facing DUI charges can fight to have their driver’s license reinstated. According to the Department of Highway Safety and Motor Vehicles, a driver can request a DMV Administrative hearing within 10 days of a DUI arrest. During this hearing, the department will determine whether the driver is able to keep his/her driving privileges or if a license suspension will take effect.
Each DUI incident must be handled on a case-by-case basis. However, there are three common situations, including people who submit to a blood-alcohol level concentration (BAC) Breathalyzer test and blow equal to or higher than a 0.08, those who refuse a chemical test, and those who are caught with BAC higher than .02 and are under the age of 21. Below is a list of the different ways each case is handled.
1. Those who blow higher than 0.08
- Person must demonstrate proof of enrollment in a DUI program or school and apply for an administrative hearing for hardship reinstatement
- must serve 30 days without driver license or permit before eligibility for hardship reinstatement
2. Those who refuse a chemical test
- Person must serve 90 days without driver's license or permit before reinstatement
- No hardship reinstatement for two or more refusals.
3. Those who blow higher than 0.02 and are under the age of 21
- Must complete a Traffic Law and Substance Abuse Education prior to hardship reinstatement
- If the minor blows higher than 0.05 or higher, he/she must complete DUI program before hardship reinstatement
- Must serve 30 days without driver's license or permit before hardship reinstatement.
Drivers who have refused chemical tests more than once, or have been convicted of a DUI two or more times will not be eligible to obtain a hardship reinstatement. Additionally, a commercial motor vehicle driver cannot acquire a hardship license to drive a commercial vehicle.
Want to Get your License Back?
For this reason, after a person is arrested for a DUI, he/she should hire an attorney to represent him/her throughout the DMV hearing before the criminal case even makes it to the courts. When people have a strategic defense on their side, their chances of retaining their Florida driving privileges increase immensely. This is because most DUI defense lawyers know how to present a solid defense and safeguard their clients’ best interests in both the formal review hearing and criminal court.
Hager & Schwartz, P.A. is a leading Florida law firm that is dedicated to representing individuals who have been charged with DUI and related offenses in Miami and surrounding areas. At Hager & Schwartz, P.A., we are knowledgeable lawyers who are extremely familiar with Florida DUI law and the Florida legal system. We are committed to providing every one of our clients with the defense and counsel they deserve.
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