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PRACTICE AREA

DRIVER’S LICENSE HEARING PROCESS

Each DUI Suspension case is different and experience counts.

In Florida, if your driver's license is suspended or revoked due to certain violations, such as a DUI (Driving Under the Influence), you have the right to request a formal or informal hearing to challenge the suspension or revocation. This hearing is conducted by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

How Is a Hearing Requested?

If you were issued a DUI citation, the citation (usually a yellow piece of paper) serves as your driver’s license. It is valid for 10 days after the date of your arrest.

You are entitled to a hearing to challenge your driver’s license suspension. You must request the hearing within 10 days of your arrest, and you will be issued a temporary hardship permit after your request.

This temporary permit is valid for 42 days from the day it was issued.

Driver's License Hearing Process:

Immediate Suspension: If you are arrested for a DUI and either refuse a breath test or have a breath or blood alcohol level of 0.08% or higher, your license will be immediately suspended.

 

10-Day Window: From the date of your DUI arrest, you have 10 days to request a formal or informal hearing from the DHSMV to challenge the suspension.

Choosing the Hearing Type:

  • Informal Hearing: This is a more casual review where a hearing officer will look at the evidence and statements from both the driver and the arresting officer. There's no testimony or cross-examination. The hearing officer then makes a decision based on this evidence.

  • Formal Hearing: This is similar to a court trial but less formal. Both sides can present evidence, witnesses can be called and cross-examined, and legal arguments can be made. A hearing officer presides over the hearing.

Possible Outcomes:

  • License Reinstated: If the hearing officer determines that there's insufficient evidence or that proper procedure wasn't followed during your arrest, your license could be reinstated.

  • Suspension Upheld: If the evidence supports the suspension, the decision to suspend your license will be upheld.

Temporary Permit: If you've requested a formal review, you may be eligible for a temporary driving permit that allows you to drive for business purposes. This permit usually lasts until the formal review is complete.

Beyond the DHSMV: If you're not satisfied with the outcome of your hearing, you might have the option to appeal the decision in a circuit court. However, this can be a more lengthy and costly process.

Hardship License: Even if your suspension is upheld, you might still qualify for a hardship license, which would allow you to drive for certain essential functions like work, school, or medical appointments. To get this, you'd have to prove that not being able to drive causes a significant hardship and complete any mandatory courses or treatments, among other requirements.

TESTIMONIAL

” I am very grateful that Mr.Meadows was able to get my DUI dismissed. He was very professional. With my case result, he helped me keep my job. I recommend Mr.Meadows highly.”

I.M., Tallahassee, Florida

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