DUI Formal Review Hearing in Tampa, Hillsborough County, FL

You only have 10 days after your arrest for DUI in Tampa, Hillsborough County, Florida to contest the administrative suspension of your driver's license. Fighting the suspension of your driver's license allows your attorney to subpoena and cross-examine all of the witnesses against you early in the case which is often the most important part of your case. Make sure you retain an attorney within this 10 day period so you have all avenues of attack available to fight the DUI case.

While you fight the administrative suspension, your attorney can help you obtain a 42 day permit (if you are eligible) which will allow you to continue to drive. If you had a valid driver's license at the time of the DUI arrest, then you are probably eligible for the 42 day driving permit.

No downside exists to fighting the administrative suspension of your driver's license. In fact, simply making the request allows you to continue driving for another 42 days if the DMV issues you a 42 day driving permit. If you win the hearing, your driver's license will be immediately returned to you. Even if you are not ultimately successful in avoiding the suspension, the evidence gained at the hearing is essential to fighting your DUI charge in the criminal case.

Contact the Tampa DUI Lawyers at the Sammis Law Firm to discuss your case today. We provide free, confidential initial consultations so that you can make an informed decision about hiring the best Tampa DUI attorney to fight your case. Call 813-250-0500 today to schedule a phone or office consultation.

Can I Win the Formal Review Hearing to Avoid the Administrative Suspension of my Driver's License?

For many people, the most difficult consequence of the DUI arrest in Tampa, Hillsborough County, FL, is the driver's license suspension. Winning the review hearing can occur for any of the following reasons:

1. One of the witnesses fails to appear for the hearing;
2. Inconsistencies in the reports;
3. Insufficient evidence to show the person arrested was behind the wheel, particularly in a DUI car accident case;
4. Failure to provide a legally sufficient reason for the traffic stop or DUI arrest;
5. Failure of the officer to strictly follow the 20 minute observation period;
6. Showing that any failure to take the DUI case should not count as a "refusal" because the failure was not willful;
7. Failure to show that BOTH of the breath test readings were over a .08; or
8. Showing the officer failed to properly read Florida's Implied Consent Warning.

Fighting the Administrative Suspension may be the Most Important Part of Your DUI Case

Your attorney in a misdemeanor DUI case does not generally have a right to take the officer's deposition prior to trial or motions. In many ways the formal review hearing provides all of the same benefits of a deposition because your Tampa DUI Attorney can cross-examine all of the witnesses. That testimony can then be typed up into a transcript that can be used at trial or a motion hearing to impeach the officer's testimony.

For any DUI arrest in Hillsborough County, Florida, the administrative review hearing to fight the administrative suspension of your driver's license will be heard at the following address in Tampa:

The Process to Administrative Suspend your Driver's License Begins Immediately after your Tampa DUI Arrest

After the DUI arrest, the officer will take your driver's license and issue you a citation which contains a 10 day driving permit. During those 10 days you must request a formal review hearing to protect your driver's license. If you fail to take the important step of demanding the formal review hearing then your driver's license will be suspended for the following time periods:

Administrative Suspension After a First DUI Arrest:

• Breath Test: If you took the breath test then your Florida driver’s license may be suspended for 6 months with a 30 day hard suspension.
• DUI Refusal: If you refused then your Florida driver’s license may be suspended for 12 months with a 90 day hard suspension.
  

Administrative Suspension After a Second DUI Arrest and Suspension:

• Breath Test: If you took the breath test, then your Florida driver's license may be suspended for 12 month suspension with a 30 day hard suspension.
• DUI Refusal with a Prior High Breath Test: If you refused the test, and your first DUI suspension was after a breath test, then you will suffer a 12 month suspension with a 90 day hard suspension.
• DUI Refusal with a Prior Refusal: If you refused the test, and your first suspension was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.

Administrative Suspension After a Third or Subsequent DUI Arrest and Suspension:

• Breath test: If you took the breath test then you will suffer a 12 month suspension with a 12 month hard suspension.
• DUI Refusal without a Prior Refusal: If you refused the breath test and if all prior offenses were after a breath test, then may receive a 12 month suspension with a 12 month hard suspension.
• DUI Refusal with a Prior Refusal: If you refused the breath test and one of the prior offenses was after a refusal, then you will suffer a 18 month suspension with a 18 month hard suspension.

The Hard Suspension Period:

The hard suspension period is the period during the suspension that you can not drive for any reason. After you have served the hard suspension period, you can apply for a hardship or "business purpose only" permit that allows you to time to work, school or church.

Contact us for a Free Consultation

If you have been arrested for DUI in Tampa, Hillsborough County, FL, contact the Sammis Law Firm to schedule a free confidential consultation to discuss the particular facts of your case. During the consultation you can discuss the particular facts of your case directly with an attorney so that you can learn what you need to do immediately to protect your driver's license for an administrative suspension while you fight your DUI case. Call your Tampa DUI Lawyer at 813-250-0500 today.