Administrative Suspension Review Hearing
Administrative Suspension Review Hearings
After a DUI arrest in Tampa, Hillsborough County, Florida, you have 10 calendar days to request an administrative suspension review hearing to protect your driver's license. Read more about Florida Administrative Code (FAC) Rule 15A-6.006 for the Request for Review during an informal or formal review hearing. No downside exist to requesting the informal or formal review hearing. Contact an attorney to discuss what you must do to preserve your rights during this important part of the case.
If you lose the hearing, the Florida Department of Highway Safety and Motor Vehicle (FDHSMV) will uphold the suspension.
What is the impact of the criminal case on the suspension?
- If the suspension resulted because the driver allegedly blew over the legal limit of 0.08, the driver can have the suspension removed if he obtains a "not guilty" verdict at trial.
- The suspension will not be removed when the person charged with DUI for refusal to submit to a breath, blood or urine test obtains a "not guity" verdict at trial.
- If the driver obtains a certified court order indicating the driver was not the person arrested (a case of mistaken identity or identity theft);
- If the driver obtains a statement from the suspending officer withdrawing the suspension;
- If the driver obtains a statement from the prosecuting attorney indicating mistaken identity.
See HSMV 78002 (Rev. 1006) S.
Contact a criminal defense lawyer at the Sammis Law Firm to discuss this very important part of any DUI case. For your convenience we have provided a copy of the Florida Administrative Code related to this topic. Please be aware that other requirements not listed in this rule apply.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Driver Licenses
ADMINISTRATIVE SUSPENSION REVIEW HEARINGS
Latest version of the final adopted rule presented in Florida Administrative Code (FAC):
15A-6.006 Request for Review.
(1) Initiation of a formal or informal review shall be made by a written request for review to the division. HSMV Form 78065 may be used for this purpose.
(2) All requests for review shall include:
(a) The name, address, driver license number, and date of birth of the driver;
(b) A statement of the date of suspension and the county where the driver received notice of suspension or disqualification of the driving privilege.
(c) A copy of the notice of suspension/disqualification issued to the driver.
(3) Any request for a formal or informal review must be postmarked or filed with the clerk of the appropriate division office within ten (10) days following the date of the issuance of the notice of suspension/disqualification.
(4) If the notice of suspension/disqualification has been mailed by the Division, the date of mailing shall be deemed the date of issuance of the notice for the purpose of this rule. To obtain a review, the driver must request a formal or informal review pursuant to subsection (3) within 10 days from the date of issuance of the notice.
(5) No later than 10 days after filing the request, the driver may submit a motion to change a request for formal review to a request for informal review or a request for informal review to a request for formal review.
(6) If the driver withdraws a request for review, no review of the suspension will be conducted.
(7) If no review is timely requested, or the driver withdraws the request for review, the suspension shall become final as of the date of issuance of the notice of suspension.
Specific Authority 322.2615(12), 322.2616(13), 322.02(4), 322.251, 322.64(12) FS. Law Implemented 322.2615(1), 322.2616, 322.64(1) FS. History–New 10-1-90, Amended 10-17-90, 10-7-91, 1-2-96, 7-3-97, 3-11-07.