Formal Review Hearing

What is a Formal Review Hearing?
You drive to work. You drive your child to school. You drive to the grocery store. For most of us, driving is a necessary part of everyday life. However, after you are arrested for DUI that necessity - driving - may be taken from you, threatening your daily routine and even your livelihood if you no longer have transportation to work.

If you are arrested for DUI, the Florida Department of Motor Vehicles will seek to suspend your license regardless of whether you are convicted in your criminal case. Generally, you will have 10 days from the time of your arrest to continue to drive before your administrative suspension takes effect. Within 10 days, you must request a formal review hearing. The Department of Motor Vehicles will generally hold the formal review hearing within 30 to 45 days from the date of your arrest. While you are awaiting the date of your formal review hearing, you will likely receive a temporary driving permit. The experienced DUI defense attorneys at Musca Law are prepared to represent you in your formal review hearing. It is important to remember that while the formal review hearing is separate from your criminal case, your attorney may gain important evidence during the hearing which may help your criminal case.

Implied Consent
You may be wondering why or how the Department of Motor Vehicles can suspend your driver's license even if you refused to submit to a sobriety test. Look at your driver's license. You've likely never noticed that writing on the bottom of every Florida driver's license that states, "Operation of a motor vehicle constitutes consent to any sobriety test required by law." This is implied consent. Simply put, implied consent means that by signing your driver's license and driving a vehicle in Florida, you have agreed to submit to any sobriety test requested by law enforcement officers. However, the actions of law enforcement must be legal under Florida statutes and relevant case law. An experienced Jacksonville FL DUI attorney at Musca Law will review the evidence in your case to determine whether the officer lawfully stopped your vehicle and lawfully pursued a DUI investigation.

Administrative Penalties
Drivers face the following penalties at administrative hearings:

First suspension for driving any type of vehicle or vessel with a breath- or blood-alcohol level of .08 or greater: 6-month driver's license suspension

Second or subsequent suspension for driving with a breath- or blood-alcohol level of .08 or greater: one-year driver's license suspension

First suspension for refusal to submit to breath, blood or urine test: one-year driver's license suspension

Second or subsequent suspension for refusal to submit to test: 18-month driver's license suspension

Remember, time is important - the administrative hearing will generally be held within 10 days of your arrest. An experienced DUI attorney will help you to maintain your license while your criminal charges are pending or help you to receive a hardship license.

Hire an Experienced Florida DUI Attorney
Representation by an experienced attorney at a formal review hearing may mean the difference between maintaining your driver's license and losing your driving privileges. An experienced DUI attorney will investigate your case and provide you with the best chance of maintaining your license. For more information on DUI formal review hearings in Florida, or if you were arrested for DUI and have an upcoming formal review hearing, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).