Review Waiver Hearing

After an arrest for DUI, the arresting officer will take your license and provide you with a DUI citation that contains your notice of the administrative suspension and a 10-day driving permit. During those 10 days, you have three options:

1. doing nothing;
2. waive all of your rights by seeking a “review waiver hearing”; or
3. hire an attorney to demand a “formal review hearing” and obtain your 42-day hardship permit so you can keep driving.

At the Sammis Law Firm, we always suggest option 3. Under option 3, we demand your formal review hearing and obtain your 42-day hardship permit. That way, you can keep driving while we challenge the administrative suspension.

The formal review hearing allows your attorney to subpoena all witnesses and take their testimony before the prosecutor even gets the file. Sometimes something said at the formal review hearing leads to an outright dismissal of the criminal charge in court or at least a better pre-trial negotiated plea.

Don’t waive the most important part of your case until you learn more about the lifetime consequences of that decision. This article discusses how to apply for the review waiver hearing, the eligibility requirements, and the script the hearing officer will read to you.

Attorney for the DUI Formal Review Hearing in Tampa, FL

You might be told to enroll in DUI school and waive all your rights at the BAR by seeking early reinstatement. But that choice means that you are stipulating that you were DUI for administrative purposes and that the notation of the DUI suspension will remain on your driving record for the next 75 years.

Instead, we recommend demanding the formal review hearing and obtaining the 42-day permit. If the arresting officer or breath test operator fails to appear at the hearing, the administrative suspension will be completely invalidated and removed from your driving record.

Other reasons you might win the hearing involve the officer failing to submit the paperwork within the allotted time or not sending all the paperwork. An invalid stop might also lead to the suspension being invalidated. Dozens of other reasons exist for winning the formal review hearing.

Before you waive all your rights to a formal review hearing to contest the administrative suspension of your driver’s license, contact an experienced criminal defense attorney at Sammis Law Firm. During the free consultation, we can review your options with you.

Call 813-250-0500 today.

What is the Review Waiver?

As of July 1, 2013, a driver may waive a formal review for a first DUI. To be eligible, the driver must have enrolled in a DUI substance abuse education course and evaluation period.

This allows the driver to obtain a hardship permit immediately. You are waiving your right to a formal or informal review hearing by choosing this option.

How Do I Waiver All My Rights by Seeking Immediate Reinstatement?

The DHSMV updated its eligibility review/review waiver (Form 72034) and restricted (hardship) license (Form 78306) forms. The forms can be found using this link: https://www.flhsmv.gov/resources/forms/.

The new Form 72034 provides:

I hereby request a review of my driving record for the purpose of determining my eligibility for immediate reinstatement of my driving privilege on a restricted basis as provided in Sections 322.2615(1)(b)3 and 322.271(7), Florida Statutes. By requesting the reinstatement of my driving privilege, I request the Bureau of Administrative Review (BAR) waive the hearing requirement pursuant to Section 322.271(2)(b), Florida Statutes, and determine my eligibility for a restricted license based on this Application and any written evidence/documents I am submitting.

I understand that the restricted license will be for the duration of the suspension imposed under Florida law, as follows: Six (6) months for Driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level, or one (1) year for a Refusal to Submit to a Breath, Blood, or Urine Test.

Reinstatement of the driving privilege on a restricted basis as set forth herein is conditioned on statutory eligibility requirements, including enrollment in DUI School.

APPLICATION QUESTIONS

Please answer all the below questions.

1. Have you ever been issued a driver license in any other state? Yes No.
   • If you checked “Yes” to the above question, in which state? _______________________________________________________
2. Have you ever been convicted of any alcohol related offense in any other state? Yes No.
   1. If you checked “Yes” to the above question, list the state and the offense. ______________________________ ____________________________________________________________________________________
3. Do you understand that if your driver license is currently suspended for an unlawful blood/breath alcohol level or refusal to submit to a breath/urine/blood test, and you are subsequently convicted of DUI in a criminal court, a restricted license received via this Application will no longer be valid? Yes No
4. Do you understand that if approved for a restricted license, your license will be restricted to driving for Business Purposes Only as defined in Section 322.271(1)(c), Florida Statutes, and will expire on a specific date? Yes No

ITEMS TO SUBMIT WITH THIS APPLICATION

Please submit a $25.00 filing fee via check or money order made payable to the Division of Motorist Services with this Application. Please do not send cash. Your application will not be considered complete until the filing fee is received. Please also submit a copy of your Florida DUI Uniform Traffic Citation and proof of enrollment in DUI School. If the school is not completed within 90 days of enrollment, your restricted license will be cancelled.

OATH OR AFFIRMATION AND WAIVER OF FORMAL/INFORMAL REVIEW

I swear or affirm that all information provided above is true and correct. I acknowledge that knowingly making a false statement or concealing a material fact may result in the denial of a restricted license. I also understand that acceptance of the reinstated driving privilege is deemed a waiver of my right to a formal or informal review under Section 322.2615, Florida Statutes.