DUI Formal Review Hearing

You only have ten (10) days after your arrest for DUI in Tampa or Plant City in Hillsborough County, Florida, to contest the administrative suspension of your driver’s license.

Fighting the suspension of your driver’s license gives your attorney the ability to subpoena and cross-examine all of the witnesses against you early in the case. For that reason, the formal review hearing is one of the most important parts of fighting your DUI case.

You should hire an attorney within ten (10) days after the arrest so that your attorney can demand a formal review hearing. When your attorney demands your formal review hearing, the attorney can get you a 42-day permit so that you can continue to drive for hardship or business purposes such as work, church, and school.

If you win the hearing, the suspension will be invalidated and forever removed from your driving record. 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.

Attorney DUI Formal Review Hearing in Tampa, FL

Contact the Tampa DUI Lawyers at the Sammis Law Firm to discuss your case today. We provide free initial consultations so that you can make an informed decision about hiring the best Tampa DUI attorney to fight your case.

Whether you are charged with a first DUI or a second or subsequent offense, we can help. We know how to fight a DUI case involving a breath test, blood test, urine test, or a refusal to submit to testing.

Click here to see our Recent DUI Case Results at DUI Formal Review Hearings.

Our main office is in downtown Tampa in Hillsborough County, FL. We also fight drunk driving charges in New Port Richey in Pasco County, FL. Our second office is located at 7509 Little Road across from the courthouse at the West Pasco Judicial Center.

During the consultation, we can talk with you about the steps we take in a formal review hearing to protect your rights. Call 813-250-0500 today to schedule a phone or office consultation.

---

Contest the Administrative Suspension – Don’t Waive Anything

The formal review hearing is one of the most important parts of your case. To protect your right to the formal review hearing, you must request it in writing within ten (10) days of your arrest. Do not waive this important right.

Your right to a FORMAL REVIEW HEARING is explained on the back of the DUI citation that you received although it is intentionally worded in a very confusing way.

---

Information Regarding Review Hearing

FINAL ORDER

This will serve as notice of final order of license suspension / disqualification effective on the date it was issued to you. You may, request a formal or informal review of the suspension / disqualification, or if this is your first DUI-related offense, you may waive the review and request a review to determine eligibility for a restricted license.

If you want the department to conduct a review of your suspension / disqualification, you must request such review at the location indicated on the reverse side.

Your request must be submitted in writing within ten (10) calendar days following the date of suspension / disqualification and include a copy of this notice.

When requesting a review, or if this is your first DUI-related offense and you wish to waive the review and request an eligibility review for a restricted license, you must include a non-refundable filing fee of $25 made payable to DHSMV.

REVIEW PROCESSES

The informal review shall consist solely of an examination of the materials submitted by you and the law enforcement officer or correctional officer. The formal review allows you to be heard and present witness in regard to this suspension / disqualification.

WAIVER OF FORMAL / INFORMAL REVIEW

If this is your first DUI-related offense and you otherwise qualify, you may waive your right to a review of the suspension and receive a business purpose only license for use during the period your driver license is suspended.

A non-refundable filing fee of $25 made payable to DHSMV is required for determination of your eligibility for a restricted license…..

Failure to request a review within the ten (10) day period shall result in the waiver of your right to a review of the suspension / disqualification and a review of your eligibility for a restricted license.

---

Formal Review Hearing to Invalidate an Administrative Suspension

For many people, the most difficult consequence of the DUI arrest in Tampa, Hillsborough County, FL, is the driver’s license suspension. During the hearing, the hearing office will complete a “checklist/case tracking” form (HSVM 78058)(REV 1/23/13 S) anytime there is a request for a review. The form will note any changes, contacts, or unusual occurrences and the reason for invalidation if any. 

Winning the review hearing might occur for any of the following reasons:

1. the indicators of alcohol impairment were insufficient to establish probable cause for the driver’s arrest;
2. the arresting officer or breath test operator failed to appear at the hearing; 
3. inconsistencies in the evidence;
4. insufficient evidence to show the person arrested was behind the wheel, particularly in a DUI car accident case;
5. failure to provide a legally sufficient reason for the traffic stop or DUI arrest;
6. failure of the officer to strictly follow the 20 minute observation period;
7. showing that any failure to take the DUI case should not count as a “refusal” because the failure was not willful;
8. failure to show that BOTH of the breath test readings were over a .08; or
9. showing the officer failed to properly read Florida’s Implied Consent Warning.

---

Fighting the Administrative Suspension – An Important Part of Your DUI Case

Your attorney in a misdemeanor DUI case does not always have a right to take the officer’s deposition before 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 under oath.

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.

Florida law provides for a procedure to enforce noncompliance by a witness with the subpoena issued under Florida Statute Section 322.2615(6)(b) appears in the next succeeding subsection and reads as follows: