Florida Statute § 322.2615(1)(a) establishes that a law enforcement officer can suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle with an unlawful blood or breath alcohol concentration (BAC) of 0.08 or higher, or of a person who has refused to submit to a test his or her BAC. A person only has 10 days to request a hearing to contest the suspension.
Under Florida Statute § 322.2615(1)(a), a person can request a formal or informal review of the suspension by the Florida Department of Highway Safety and Motor Vehicles. Following an arrest, an alleged offender will typically be issued a temporary permit to drive that expires at midnight of the 10th day following the date of issuance of the notice of suspension.
If your license has been suspended because of a driving under the influence (DUI) arrest in South Florida, it is in your best interest to quickly seek legal representation. Meltzer & Bell, P.A. assists clients who have had licenses suspended or revoked in Palm Beach Gardens, West Palm Beach, Wellington, Royal Palm Beach, Jupiter, Boynton Beach, Lake Worth, Riviera Beach, Greenacres, Delray Beach, Boca Raton, and several other surrounding areas in the greater Palm Beach County area.
Our experienced criminal defense attorneys in Fort Lauderdale understand how administrative review hearings work and can fight to get you back on the road as soon as possible. You can have our lawyers provide a complete evaluation of your case when you call (561) 557-8686 to schedule a free initial consultation.
Chapter 120 of the Florida Statutes is known as the Florida Administrative Procedure Act and outlines the procedures by which Florida government agency acts are formulated and may be challenged and litigated. Chapter 15A-6 of the Florida Administrative Code specifically covers administrative suspension review hearings. A formal hearing is an evidentiary hearing requested by the driver or his or her attorney pursuant to Florida Administrative Code Rule 15A-6.006.
In most cases, people who have had their licenses suspended will request formal review hearings. The Division of Motorist Services of the Department of Highway Safety and Motor Vehicles is required under Florida Administrative Code § 15A-6.013(1) to schedule a hearing to be held within 30 days of receiving a request for formal review.
Under Florida Administrative Code § 15A-6.013(2), a hearing officer can consider any report submitted by a law enforcement officer or correctional agency relating to the suspension of the driver, the administration or analysis of a breath or blood test, the maintenance of a breath testing instrument, or a refusal to submit to a breath, blood, or urine test, which has been filed prior to or at the review. Florida Administrative Code § 15A-6.013(3) states that any relevant document that is not self-authenticating as provided by Florida Administrative Code § 15A-6.013(2) can be introduced into evidence if it has been properly authenticated by a witness or under a statute permitting its introduction by another method of authentication.
Florida Administrative Code § 15A-6.013(5) establishes that the driver has the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver. A hearing officer’s decision will be based on a preponderance of the evidence, meaning that he or she will choose the side that presents the greater weight of the evidence.
The hearing officer files the original order with the clerk, and the Division of Motorist Services of the Department of Highway Safety and Motor Vehicles transmits a copy of the order to the driver no later than seven working days from the close of the hearing.
An informal review differs from a formal review in that the informal review is simply a review of materials submitted by the driver and the officer without the presence of the driver, the officer, or any witnesses. Requests for informal reviews are subject to the same 10-day deadlines as formal reviews.
The hearing officer determines whether the suspension or disqualification is supported by a preponderance of the evidence and enters a final order. The hearing officer files the original order with the clerk and transmits a copy to the driver no later than seven working days from the close of the hearing.
Florida DUI and Administrative Suspension Laws | Florida Highway Safety and Motor Vehicles — View the full text of a summary prepared by the Florida Department of Highway Safety and Motor Vehicles. You can find information about driver license revocation periods for DUI offenses, commercial motor vehicle (CMV) alcohol-related convictions and disqualifications, and review hearings for administrative suspensions and disqualifications. The website also discusses business or employment reinstatement and guidelines for applying for reinstatement.
Review of the Bureau of Administrative Reviews | Florida Highway Safety and Motor Vehicles — View the full text of an executive summary for the Office of the Inspector General (OIG) review of the BAR. The summary provides an overview of the hearing and review process as well as the processing of transactions. Findings and recommendations include staff workload, voided transactions, cash handling, and GOBI database issues.
Was your license suspended because of a DUI arrest or your refusal to provide a breath sample in Palm Beach County? You will want to contact Meltzer & Bell, P.A. as soon as possible.
Our Fort Lauderdale criminal defense lawyers represent individuals in communities all over Palm Beach County, Miami-Dade County, and Broward County. Call (561) 557-8686 or submit an online contact form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.
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I was charged with a felony and facing the scary thought of losing my job, but thank you Attorney Steven Bell for helping me. Now I’m able to keep my job and take care of my family. I am truly amazed by your service, and you for understanding what I have to deal with. To me I’m very impressed by way you handled my case and was here to listen and make things OK!
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