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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:

doing nothing;
waive all of your rights by seeking a “review waiver hearing”; or
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 of consequences that come with 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?

You must waive your right to a Formal Review Hearing to get immediate reinstatement. You must personally appear at the Tampa Bureau of Administrative Review (BAR) Office at 2814 E. Hillsborough Avenue, Tampa, FL 33610.

Before the “waiver review hearing,” you must:

pay the $25,00 application fee;
explain to the hearing officer why you need the hardship license; and
show proof that you have enrolled in DUI school.

You must waive your right to a Formal Review to be eligible for the hardship license. I have attached the form to this post for your convenience.

You also MUST enroll in DUI school. Previously, a driver ONLY had to present proof that they paid for DUI school (receipt).

What Happens at the Review Waiver Hearing – Read the Script

The Bureau of Administrative Reviews (BAR) at the Department of Highway Safety and Motor Vehicles (DHSMV) conducts the review waiver hearing.

One of the best ways to understand what will happen at the hearing is to review the script used by the hearing officers. The hearing officers also fill out this report while reading the script:

Introduction:

Greet the customer, introduce yourself and ask the customer to have a seal and inform him / her the hearing will be recorded.

Hearing Officer:

I am ___________[hearing officer], HSMV Field Hearing Officer. This hearing is for _______________[customer’s name], DL#___________. Today’s date is ________.

Florida Statute Section 322.271 gives us the authority to conduct your review waiver hearing. I must place you under oath. Please raise your right hand. Do you swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth?

For the record, please state your name, date of birth, and your current address.

Did you sign the Request for Eligibility Review Form? __ Yes.
Do you understand that by accepting the reinstated driving privileges you are waiving your right to a formal or informal review hearing? __ Yes.
Do you understand your license will be restricted to Business Purposes Only through _________[date suspension expires]? __ Yes.
Do you understand that if you are convicted in court for the DUI, this hardship license will no longer be valid? __ Yes.
Have you ever been convicted of an alcohol-related offense in any other state?__ No. [If the answer is yes, then you will not be eligible for the immediate reinstatement of your hardship driving privileges, even if the prior alcohol-related offense is not on your driving record].
Do you have proof that you enrolled in DUI school? Can I see the proof? [If you don’t have proof then you will not be granted immediate reinstatement of your hardship driving priviledges].

The estimated reinstatement fee is _________.

The hearing officer will then perform a CSLIS check and a CCIS Check. Information will then be uploaded to the database.

STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES BUREAU OF ADMINISTRATIVE REVIEWS

REQUEST FOR ELIGIBILITY REVIEW

Driver Name: DL#:

I hereby request a review of my record for the purpose of reviewing and determining my eligibility for the immediate reinstatement of my driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes. I understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and I must pay a $25.00 filing fee for this review, pursuant to section 322.21(9)(a).

I understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes, as follows:

Driving with Unlawful Breath-Alcohol or Blood-Alcohol Level = 6-month suspension
Refusal to Submit to a Breath, Blood or Urine Test = 1-year suspension

Reinstatement of the driving privilege on a restricted basis as set forth herein is conditioned on statutory eligibility requirements, including but not limited to enrollment in DUI School.

WAIVER OF FORMAL AND/OR INFORMAL REVIEW

I also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7)(c), Florida Statutes, is deemed a waiver of my right to a formal and informal review under section 322.2615, Florida Statutes.

Signature of Driver ____________ Date: _______

Witness Signature ____________ Date: ________

Witness Printed Name

HSMV 72034 (05/2013)