Administrative Review Hearings
Accusations of driving under the influence (DUI) of drugs or alcohol are a huge headache for anyone accused, whether they are innocent or guilty. In addition to criminal charges, you have to deal with the added burden of a suspended license.
When law enforcement pulls over someone suspected of driving under the influence, they often request that the suspect submit to a breath, urine, or blood test. Refusal to submit to chemical tests, even if the suspect is well within their legal limits, can result in an automatic administrative license suspension on the spot. The suspect may also have their license suspended if they submit to a chemical test which results in a blood-alcohol content (BAC) reading of 0.08 or greater.
If you or a loved one have recently had a license revoked following a DUI traffic stop, you still have options – but you must act quickly. A DUI defense attorney familiar with Florida’s statutes and the administrative review hearing process can help. They can walk you through the process of requesting a hearing and can even make an appearance on your behalf to ensure the best possible outcome.
Attorney for Administrative Review Hearings in Treasure Coast, FL
Meltzer & Bell defends Treasure Coast clients just like you in Martin County and St. Lucie County, including Stuart, Palm City, and Fort Pierce. Dealing with the aftermath of DUI charges and a suspended license can be overwhelming, but a knowledgeable attorney can alleviate some of that stress. Our attorneys believe that everyone deserves to be treated and defended fairly in the eyes of the law, and we’re equipped with the knowledge to give you the upper hand.
If you need assistance requesting an administrative review hearing, it is in your best interest to contact Meltzer & Bell immediately. We can be reached at (772) 291-2534 or by filling out the online form on this page. Time is of the essence. You can get in touch with us 24 hours a day, 7 days a week.
Overview of Administrative Review Hearings in Treasure Coast, FL
- How to Request an Administrative Review Hearing in Treasure Coast, FL
- The Difference Between Formal and Informal Review Hearings in St. Lucie County, FL
- Additional Resources
How to Request an Administrative Review Hearing in Treasure Coast, FL
If your license has recently been suspended following a DUI traffic stop, Florida Statute Section 322.2615 allows you to request an administrative review hearing at your county’s Bureau of Administrative Review Office (or BAR). This hearing must be requested in writing within 10 days of the suspension going into effect.
For the hearing request to be accepted, it must contain your name and address as well as your driver’s license number and birthdate. The request must also include the date of suspension and the county where the suspension became effective.
Only hearing requests that are postmarked or filed with the applicable county clerk within the 10-day time frame will be eligible for review.
The Difference Between Formal and Informal Review Hearings in St. Lucie County, FL
Formal administrative review hearings allow for the submission of evidence and cross-examination of state’s witnesses. These can be valuable tools in defending your criminal DUI charges, regardless of your success at the hearing. The arresting officer or breath test operator are served a subpoena to appear at the hearing. If they fail to appear, they are legally obligated to invalidate the suspension of your license. Your suspension will also be overturned if the evidence available is deemed insufficient.
If a formal hearing is not requested, an informal administrative review hearing will be conducted instead. During an informal hearing, a hearing officer will review any evidence submitted by the driver and law enforcement. The hearing officer then decides whether the evidence presented supports continued suspension of the driver’s license. The downside to the informal hearing is that it does not allow for witnesses, testimony, or cross-examination.
It can be difficult to know whether to request a formal hearing or default to an informal one, how to prepare, or what do to when the hearing is underway. A competent DUI defense attorney can help you avoid making mistakes that may prevent you from getting your license back.
Additional Resources
Florida DUI and Administrative Suspension Laws | FLHSMV – The Florida Highway Safety and Motor Vehicles website offers a thorough summary of Florida’s DUI laws and penalties. This website provides an overhead view of the consequences you may face if you are convicted of a DUI, highlights the complexity of DUI law, and is a great example of why it is beneficial to have a qualified attorney represent you if you’re facing DUI charges.
Suspension of license; right to review | Florida Statutes Section 322.2615 – The full text of the Florida law defining the process of license suspension and the chance for administrative review is provided by Online Sunshine, the official website of the Florida Legislature. This statute provides a detailed description of how to request an administrative review hearing as well as an outline of the procedure from start to finish.
Defense Lawyer for Administrative Review Hearings in Treasure Coast, FL
There’s a lot to consider in the administrative review hearing process; once the hearing has been conducted, you will still have DUI charges to worry about. Your best bet is to contact an attorney who can assist you through the entire process to increase your chances of achieving a positive outcome.
Contact Meltzer & Bell today at (772) 291-2534 or by filling out the online form on this page. Your initial consultation is free of charge. A member of our team will discuss your case with you and evaluate what options are available to defend your rights. If you’ve recently had your license suspended due to a DUI arrest in Treasure Coast, including Port. St. Lucie, Vero Beach, and Sebastian in Martin County and St. Lucie County, it is crucial that you take action before your time runs out.