Requesting a Formal Review Hearing After a DUI Traffic Stop in Tampa

If you were arrested for DUI in Tampa, in addition to the criminal case, you may need to fight to get your license back. The first step in this process is to request a formal or informal review hearing. You only have ten (10) calendar days from the date of the arrest to file for this hearing. Hiring an experienced DUI attorney who knows the ins and outs of the formal review process can contest the license suspension.

In a Formal Review Hearing under Florida law the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to invalidate the suspension. The scope of review is limited and the hearing officer shall only consider the following:

1. If the drivers license was suspended due to a blood or breath alcohol level above 0.08 or higher:
   1. Whether the hearing officer had probable cause to believe that you were driving or in actual physical control of a motor vehicle in Florida while under the influence of alcoholic beverages or drugs.
   2. Whether you had a blood or breath alcohol level above 0.08 or higher.
2. If you refused to blow:
   1. Whether the hearing officer had probable cause to believe that you were driving or in actual physical control of a motor vehicle in Florida while under the influence of alcoholic beverages or drugs.
   2. Whether you refused to blow after being asked to by law enforcement
   3. Whether you were told that if you refused to blow your license would be suspended for one year, or in the case of a second or subsequent refusal, eighteen months.

At a formal review hearing the hearing officer shall use the preponderance of evidence standard to determine whether sufficient cause exists to invalidate the suspension.

If you’ve been arrested for a DUI, the police officer will confiscate your Florida drivers’ license and provide you with a DUI uniform traffic citation. This DUI traffic citation is considered your business purpose only license and is valid for a period of ten (10) days from the arrest date. If you have an out of state license, the police officer does not generally have the jurisdiction to take it.

Suspension Term After First DUI Arrest: If you tested above 0.08 you face a 6-month suspension. Also, if you refused to provide a breath test you face a twelve (12) month suspension.

Suspension Term After Second DUI Arrest: If you provided a breath sample and it was above 0.08 you face a twelve (12) month license suspension. If you refused to provide a breath sample and it was your second DUI (in the first one you blew) you face a twelve (12) month suspension.

If you refused Chemical Testing with Prior Refusal: You face eighteen (18) month drivers license suspension.

Suspension Term After Third or Subsequent DUI Arrest: If you tested above 0.08 you face a twelve (12) month license suspension. If you refused to provide a breath sample with Prior blow you face a twelve (12) month suspension. If you refused the breath test with a prior refusal you face an eighteen (18) month license suspension.

The evidence presented by law enforcement in the DUI packet and what the say under oath at the hearing must meet the requirement of competent, substantial evidence and when conflicts in the evidence exist the hearing officer can invalidate the suspension. For example, conflicts in the evidence such as the time frame of the traffic stop. In DSMHV v. Colling, [39 Fla. L. Weekly D1195b], the court determined that although a scrivener’s error had occurred, the hearing officer erred in choosing to rely on one document over the other when a clear conflict existed and no further clarification was offered. If you have a been arrested for DUI and you need assistance with the formal or informal review application process contact an experienced Tampa DUI Attorney at Pallegar Law.