Dade City & Zephyrhills Formal Review DUI Attorney
Get Your Driver’s License Reinstated
If you have been arrested for DUI, the Department of Highway Safety and Motor Vehicle (DHSMV) will suspend your driver’s license if you either blew .08 or higher on an Intoxilyzer 8000 or refused the breath test. In most cases, the arresting officer will seize the driver’s license belonging to the defendant and issue the driver a DUI citation. The DUI citation serves as the driver’s temporary 10 day permit to drive. You have 10 days from the date of the arrest to request a formal review hearing. If you do nothing, your driver’s license will automatically be suspended. You must request the formal review hearing to avoid a driver’s license suspension if you blew .08 or higher or refused a breath, blood or urine test. The driver benefits from requesting a hearing because a temporary permit is issued and is valid until the formal review hearing can be held and a decision rendered. Requesting a formal review hearing allows you to drive for up to 42 days. The formal review hearing is an independent matter that is separate from the matter that is addressed in front of a judge in either county or circuit court. Get an experienced Dade City & Zephyrhills formal review DUI attorney on your side.
Benefits of Requesting a Formal Review
- You can drive on an employment or business purpose only (BPO) driver’s license for up to 42 additional days.
- Your attorney may take the sworn testimony from the officer that stopped you, the arresting officer, breath test operator, breath test agency inspector, breath test department inspector or other witnesses.
- The testimony of witnesses may be beneficial in your DUI criminal matter.
- If the testimony at trial is different than at the formal review hearing, your attorney may be able to impeach the witness or introduce evidence of an inconsistent statement made at the hearing.
- If you are alleged to have refused and you win the formal review, the alleged refusal does not count as a refusal in future prosecutions for refusing a breath test.
Formal Review Hearings with .08 or Higher Breath or Blood Test Results
If the driver takes the breath or blood test, the hearing officer will determine if law enforcement had probable cause that the driver was either driving or in actual control of the vehicle while under the influence of alcohol, chemicals or controlled substances. The hearing officer will also determine if the driver’s blood-alcohol level or breath alcohol level was .08 or higher as provided in Florida Statute 316.193.
Formal Review Hearings when Driver Refuses Breath Test or Urine Test
If the officer alleges the driver refused a breath, blood or urine test, the hearing officer will determine if law enforcement had probable cause the driver was either driving or in actual control of the vehicle while under the influence of alcohol, chemicals or controlled substances. The hearing officer will also determine if the driver actually refused a breath, blood or urine test. Last, the hearing officer will determine if the arresting officer told the driver that if he refused to submit to the breath, blood or urine test the driver would lose his or her privilege to operate a motor vehicle for twelve months for a first-time refusal and 18 months for a driver who has a prior refusal on his or her driving record. This warning is called Implied Consent.
Florida Supreme Court Ruling in Hernandez v. DHSMV-Probable Cause to Arrest
The Florida Supreme Court recently held in DHSMV v. Hernandez (74 So. 3d 1070) that the hearing officer must determine, in refusal cases, whether the refusal to submit to the breath, blood or urine test occurred after a valid arrest. An arrest can be found invalid for many reasons. Reasons for ruling an arrest invalid include but are not limited to whether the officer had probable cause to conduct a traffic stop, the officer detained the driver without reasonable suspicion for an unreasonable period of time, or the officer did not have probable cause to arrest the driver for DUI based on the observations by the arresting officer.
Call Today to Retain a DUI Formal Review Hearing Lawyer
Call (352) 567-0411 today to speak with a Dade City & Zephyrhills formal review DUI attorney. Our firm is in Dade City, located in Pasco County, Florida. We are located directly across the street from the Pasco County Courthouse. The Madonna Law Group also represents clients involving criminal matters in but not limited to Hernando County, Sumter County, Citrus County, Hillsborough County, Polk County, and Pinellas County, including Tampa, Brooksville, New Port Richey, Clearwater, St. Petersburg, Lakeland, Bushnell, Bartow, and Plant City. We will defend you anywhere in the State of Florida.