FLORIDA DMV REVIEW OF YOUR DRIVER LICENSE SUSPENSION FOR DUI
FLORIDA DUI CITATION RESULTS IN DRIVER’S LICENSE SUSPENSION
A Florida DMV Review is recommended after an arrest for DUI. A Florida DUI citation results in your license being suspended. The citation serves as your written notice of suspension, and it is immediate. The arresting officer will take your driver’s license, and the citation will serve as a 10-day driving permit. You have the option of fighting the suspension by requesting an administrative review by a DMV hearing officer or waiving the hearing to receive a restricted/hardship driving permit. The application for a review must be made within ten days of your arrest or receipt of notice of your driver’s license suspension from the DMV. Your request for a review of your driver’s license suspension begins with the filing of form HSMV 78065; Application For Formal/Informal Review Of Driver License Suspension/Disqualification. The fully completed form, copy of the DUI citation, and a $25 check made payable to DDI are delivered to the Bureau Of Administrative Review (BAR). The appropriate BAR can be found on the DUI citation. Once this form is filed, you may be eligible to obtain a 42-day driving permit.
DMV REVIEW
When applying for a review, you will have a decision to make. There are three types of DMV reviews, and they are formal, telephonic formal, and informal.
In most cases, a formal review should be requested. The formal review allows the hearing officer to consider all relevant evidence including the testimony of witnesses. The key witnesses are usually the arresting officer and the officer who conducted the field sobriety exercises and breath tests. There is, however, a negative consequence of a formal review. If you lose at the review and fail to reinstate your license, you will suffer a hard suspension of 30 or 90 days (for a refusal to blow).
The informal review will allow the hearing officer to review only relevant documents submitted by the police officer or the driver.
Once a review date is scheduled, make sure you have all the documents ready and the witnesses served with the appropriate subpoena. At the review, several issues can be explored that may invalidate your suspension. Some of those issues are determining if the stop was invalid, was the breath test invalid, is one of the breath test results below .08, is there evidence that you were driving or had control of the car, and did the DUI packet arrive in time (the packet will include the driver license, an affidavit from the arresting officer stating the grounds supporting the DUI, the results of any scientific testing to establish the blood alcohol content or a statement indicating a refusal to blow or provide a blood or urine sample, a description of the field sobriety exercises and the notice of suspension)?
HARDSHIP LICENSE
If your license has been suspended due to a Florida DUI citation, you can waive the review hearing and request a hardship license. If you choose to waive the formal hearing and obtain a restricted/hardship driving permit, you must satisfy the following requirements: 1) This must be your first DUI, 2) waive your right to contest the suspension, and 3) enroll in DUI school.
A restricted/hardship license will allow you to drive for work purposes and other necessary situations like medical appointments. If you choose to request a hardship license, file form 78306; Application For Hardship/Administrative Hearing.
