DUI Drivers License Suspension
Plant City DUI Administrative Hearing Lawyer
Automatic Drivers License Suspension
The mere fact that a person is arrested for DUI results in an immediate drivers license suspension. However, the DUI citation acts as a 10 day temporary permit to drive giving 10 days to request a Formal Review Hearing with the DMV Bureau of Administrative Review. Some of the important provisions governing suspension and administrative review are explained below. License Suspended Upon Arrest A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is arrested for DUI. The officer shall take the person's driver's license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension.
Request for Formal Review Hearing
If the person whose license was suspended for a DUI arrest requests a formal review, the department must schedule a hearing to be held within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing. The hearing is held before a hearing officer employed by the DMV, and the hearing officer is authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses identified in documents, regulate the course and conduct of the hearing, question witnesses, and make a ruling on the suspension. The party requesting the presence of a witness shall be responsible for the payment of any witness fees and for notifying in writing the state attorney's office in the appropriate circuit of the issuance of the subpoena. If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the suspension shall be sustained. A party may seek enforcement of a subpoena by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides. A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person is not in contempt while a subpoena is being challenged.Decision by the Hearing Officer The department must, within 7 working days after a formal review hearing, send notice to the person of the hearing officer's decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension.
In a formal review hearing, the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues:
If the license was suspended for driving with an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher:
1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
2. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in s. 316.193.
If the license was suspended for refusal to submit to a breath, blood, or urine test:
Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.
Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.
Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.
Johnnie and David have experience in family law, criminal defense, probate and guardianship, auto accident law and business and construction litigation. Read more about Johnnie Byrd and David Barnhill. You will work directly with the attorney handling your case and your calls and emails will be returned promptly so that you are always informed about the status of your case. Our commitment is to charge you a fair and reasonable legal fee; however, we cannot quote an exact legal fee until we have evaluated your case. After a consultation by phone or in person, you will know where you stand legally and what it will cost to hire us. Johnnie Byrd and David Barnhill have 50 years combined experience representing clients in Hillsborough, Polk, Pinellas, and Pasco Counties. We help clients resolve matters involving auto accidents, family law, probate, guardianship, DUI, criminal and business law. As your lawyer, we will be dedicated to helping you find a solution to your legal problems - and above all, to having the peace of mind that your legal issue is being handled by an experienced and knowledgeable attorney at law.
Plant City Lawyers
Johnnie Byrd and David Barnhill