Attentive Florida DUI Formal Review Hearing Lawyer
When law enforcement officers perform a traffic stop on a motorist whom they have probable cause to believe is intoxicated, they will request that the driver submit to a breathalyzer or blood alcohol test. Whether the motorist refuses to submit to these examinations or fails them, they will be subject to an administrative suspension of their driver’s license.
When a person loses their driving privileges, it can have disastrous effects on their freedom, employment status and even their mental well-being. At Karatinos Law, PLLC, attorney Keeley Karatinos has helped residents of Pasco County and Hernando County contest their administrative license suspensions and regain their freedom for more than ten years.
Attorney Karatinos focuses on winning for her clients and obtaining positive outcomes by fostering open communication and offering personalized legal representation. Florida residents facing DUI allegations can expect to receive aggressive representation throughout their case and feel reassured that their attorney, Keeley Karatinos, will never be afraid to go the extra mile to battle for them when they need a helping hand and an ally in the courtroom.
What is a DUI Formal Review Hearing in Florida?
Following a drunk driving arrest, Florida residents will automatically have their license suspended. Fortunately, accused drivers will have the opportunity to challenge their license suspension by requesting a formal review hearing. The alleged offender must make their request for such a hearing within ten days of their arrest.
During the hearing, a court officer will review the specific factors of the case and the subsequent arrest. It is imperative to know that this hearing is strictly an administrative procedure, and no legal consequences will result from the proceedings.
How Do I Request a Formal Review Hearing After a DUI Arrest?
Because arrested individuals only have ten days to submit a request for a formal review hearing, it is vital to take action in a timely manner. To begin the process, Florida residents must present a written request to the Bureau of Administrative Reviews that includes their personal details, facts pertaining to the arrest, and a detailed explanation of why they are challenging the suspension. Upon receiving the submission, the Bureau of Administrative Reviews will hold a hearing within 30 days.
After submitting the written request, the next step is to collect any and all pertinent information, which may include the citation for the DUI arrest and the police officer’s report of events. Gathering these documents will ensure individuals have a strong case and will be prepared for their hearing.
Next, accused Florida residents will be sent a Notice of Formal Review Hearing by the Bureau of Administrative Reviews, which denotes the time, location and date of the court hearing. While alleged offenders wait until their court date, which may be up to 30 days later, they can apply for a temporary permit to regain their driving privileges. This temporary permit will allow an individual to operate a motor vehicle exclusively for business reasons for 42 days or while their case is still ongoing.
The final step is to prepare for the hearing itself. This can often entail collecting and organizing the evidence, gathering statements from witnesses or subpoenaing the witnesses. Taking each of these steps and promptly reaching out to an experienced attorney can help Floridians construct the strongest possible case and increase their chances of obtaining a favorable outcome during the formal review hearing.
What are the Chances of Winning a DUI Formal Review Hearing?
During the DUI formal review hearing, there will be two possible outcomes. The first option is for the hearing officer to support the license suspension based on their interpretation of the evidence. This will cause the license suspension to remain in effect until the previously determined period of time has passed.
On the other hand, your attorney could argue the license suspension is invalid because the evidence is inadequate or was obtained illegally. Additionally, the attorney may have uncovered procedural errors made by the responding officers, which would invalidate the information obtained. If the hearing officer agrees and enters an Order to invalidate the license suspension, drivers will immediately regain their driving abilities and clear the previous suspension from their record.
The statistical odds of winning a DUI formal review hearing can vary depending on the specific facts of the case, the evidence collected and whether the accused offender has an attorney by their side. The most common way a DUI review hearing is won is when the arresting officer does not show up, which occurs in about one-third of cases. The next most common way Floridians win DUI review hearings is when the Bureau of Administrative Reviews does not receive the paperwork required for a DUI arrest. This occurrence happens in about 10% of cases. Based on this information, accused drivers can increase their chances of regaining their licenses by simply appearing in court and ensuring every valuable piece of evidence is collected.
Offering Free Consultations to Clients Seeking a DUI Formal Review Hearing
Florida residents who have had their license suspended after failing or refusing a breathalyzer or blood test require urgent legal counsel. There is a small window of time available to contest the suspension and ask that a court review the case in totality. Because of this, Florida drivers have no time to waste and should promptly seek out the representation of an accomplished attorney. To speak with a seasoned DUI defense attorney and to receive assistance throughout the Florida DUI process, contact our staff at 352-405-0537 or by emailing our office.