When you are charged with Driving Under the Influence (
DUI), your license may be automatically suspended for six (6) months if you
had a breath test result of .08 or greater, or 12 months, if you refuse
to take a breath test. In such a case, a Formal Review Hearing may be
requested to challenge the suspension of your driver’s license by
the Department of Highway Safety and Motor Vehicles (the driver license
administrative agency). This
administrative suspension is separate from the suspension you might face if the judge
orders it as part of your penalties if you are convicted of the criminal
DUI ticket is the notice and it indicates you have ten (10) calendar days
of your arrest to file documents to request a formal review hearing.
- Due Process: Right of accused to be heard post administrative action (suspending
your license) within a reasonable period of time. A hearing must take
place within thirty (30) days of requesting a formal review hearing.
If your License was administratively suspended and you otherwise had a
valid driver’s license, your
DUI ticket is a valid driver’s license for ten (10) days. However, if
you request a Formal Review Hearing your driving privileges will be extended
for and additional forty-two (42) days, to allow the Formal Review Hearing
to take place. If your Formal Review Hearing is won your driver’s
license will then be valid again. In most cases, if the formal review
hearing is lost there is a mandatory thirty (30) days of no driving for
a six months suspension, and ninety (90) days of no driving for a one
year suspension. Once the no driving period is over you may apply for
a hardship license, which restricts your driving privileges to necessities
(i.e. driving to work).
When you hire the Orlando
DUI attorneys at Longwell Lawyers to represent you in a
DUI, we also request a Formal Review Hearing on your behalf and represent
you the day of the hearing. Formal Review Hearings are challenging and
you should hire an experienced attorney to represent you. Contact Longwell
Lawyers for a free consultation.