DMV Hearings for DUI in Brevard County, Florida
October 14, 2026
When facing a license suspension, you have the option to appeal the suspension through a hearing with the DHSMV (Department of Highway Safety and Motor Vehicles). However, you only have 10 days to appeal a hearing with the DMV to keep your driver’s license. The DHSMV immediately suspends your driver’s license unless you request a hearing within 10 days.
Contact an experienced Florida DUI lawyer immediately to prepare your administrative hearing defense. Contact Legal Eagles to learn about your legal options and identify the best course of action. We can help you fight to get your license back.
DMV Hearings for DUIs
Two independent legal processes follow DUI arrests in Florida: a criminal DUI trial in Florida courts and an administrative hearing at DMV to determine the fate of your driver’s license. The DMV hearing for DUI is a purely administrative process. With the exception of evaluating the legality of your arrest and sealing the officer’s testimony, the DMV hearing has no legal bearing on your criminal case.
Typically, DMV hearings for DUIs are far less formal than court trials. A DMV officer presides over the DUI hearing case. While the DMV cannot jail you, the hearing officer can suspend your driving privileges. The suspension of one’s driver’s license is often the most onerous punishment for first-time DUI offenders.
Preparing for DMV Hearings for DUI
It may be tough for you to handle the DMV hearing for DUI procedure without the assistance of a legal practitioner. You will be required to submit a written request for an administrative review hearing within 10 days of receiving notice of your license suspension. You must include your name, driver’s license number, date of birth, and case details in your request
Your DUI lawyer can file the request for a DMV hearing on your behalf. The next step is to organize key case information with your attorney. At Legal Eagles, we understand that every case is different and therefore provide advice and solutions tailored to your individual circumstances.
Understanding your rights is also crucial to preparing for DMV hearings for DUIs. You have the right to be represented by an attorney at your DUI DMV hearing at your own expense. You can also examine and contest evidence, subpoena and present witnesses, cross-examine witnesses, and testify on your own behalf.
The department must schedule a review no later than 30 days after receiving your request. When the DMV schedules your review, it will notify you of the time, date, and location of your license suspension hearing.
Formal vs. Informal Hearings
According to Florida Statute 322.2615, an informal review entails merely a DMV evaluation of the suspension. The hearing officer evaluates evidence from law enforcement and your DUI defense attorney. After reviewing your case, the DMV will decide whether to keep, invalidate, or adjust your license suspension. The DMV will notify you of the outcome of the hearing.
A formal hearing, as opposed to an informal hearing, involves witnesses, evidence, testimony, and pertinent documents. If you request a formal hearing and fail to attend on the scheduled day, your right to a hearing is automatically waived, and your license is suspended. A formal hearing will assess whether or not the DMV has sufficient grounds to suspend your driver’s license.
Types of DMV Hearings
A DMV hearing might be requested for one of two reasons. You were either arrested for drunk driving, or you refused to submit to chemical testing for DUI. This would be the breath, blood, or urine test.
DMV Hearing for DUIs
If you were arrested for drunk driving or driving under the influence of drugs, your DMV hearing DUI would determine the following:
- Was the cop justified in pulling you over?
- Were you in actual control of the vehicle when you were arrested?
- Were you under the influence of alcohol or a controlled substance?
- Was your BAC higher than 0.08 percent, the legal limit?
DMV Hearing for Refusing Test
If an officer asked you to submit to breath, blood, or urine tests and you refused, your hearing will assess numerous criteria, including:
- Did law police have probable cause to suspect you of DUI?
- Were you in physical control of a motor vehicle?
- Did law enforcement inform you that your license would be suspended?
Preserve Your Driving License
If you were arrested for driving under the influence or refused to take a sobriety test, Legal Eagles can help you keep your license. With years of legal experience specializing in DUI cases, we have the legal knowledge and expertise to protect your rights. Contact Mario Gunde Peters & Kelley today to prepare for your DMV hearing DUI. Remember, you only have 10 days to request a hearing following a DUI arrest or refusal to submit to chemical testing, so take action quickly. We can also help you with your criminal DUI trial. Allow us to use our expertise to assist you!
DMV Hearing FAQs
Yes, but you must secure a temporary permit. Upon arrest or test refusal, the officer confiscates your regular driver’s license and issues a 10-day temporary driving permit (usually printed on your physical citation). When you file a timely request for an administrative review within those 10 days, the Florida DHSMV grants a Business Purposes Only (BPO) permit. This temporary permit extends your driving privileges past the initial 10 days until the hearing officer renders a final decision on your administrative suspension.
If you let the 10-day window expire, you automatically forfeit your right to challenge the administrative license suspension. The DHSMV immediately enforces the full suspension period, typically 6 months for a first-offense BAC over 0.08% or 1 year for a first chemical test refusal. Additionally, you will face a mandatory “hard suspension” period, during which Florida law strictly prohibits you from driving under any circumstances.
A hard suspension represents a mandatory blackout period where Florida law forbids driving under any conditions. You cannot obtain any restricted driving permit during a hard suspension:
BAC 0.08% or Higher: 30-day hard suspension.
Test Refusal: 90-day hard suspension.
Once you complete the required hard suspension period, you may apply for a hardship license (Business Purposes Only permit). A hardship permit allows driving strictly necessary to maintain livelihood, including commuting to employment, medical appointments, school, and religious services.
No. The Florida DHSMV administrative hearing operates completely separate from your criminal court case in Brevard County. The DMV hearing officer only addresses your driving privileges and administrative suspension. Winning at the DMV allows you to keep your driver’s license, but it does not stop the State Attorney’s Office from prosecuting your criminal DUI charge in court, where penalties may include jail time, probation, and fines. However, testimony and evidence uncovered during the DMV hearing often help build a stronger defense strategy for your criminal trial.
Your defense attorney can subpoena law enforcement officers, cross-examine the arresting deputy, and submit critical evidentiary items during a formal review hearing, including:
Calibration and maintenance records for the Intoxilyzer 8000 breath testing machine.
Dashboard and body-worn camera footage of the traffic stop and Field Sobriety Exercises (FSEs).
Proof showing a lack of reasonable suspicion for the initial traffic stop or lack of probable cause for the arrest.
Documentation demonstrating non-compliance with Florida Department of Law Enforcement (FDLE) implied consent warning procedures.
Yes. Florida law allows eligible first-time DUI offenders to waive their formal administrative review hearing within the 10-day deadline and request an immediate Business Purposes Only (BPO) license. Choosing this option, often called a “10-day waiver,” eliminates the mandatory 30-day or 90-day hard suspension period, allowing you to drive for work and essential needs right away. However, waiving the hearing permanently concedes the administrative suspension on your driving record and forfeits your opportunity to throw out the suspension altogether. An attorney can help determine whether waiving the hearing or fighting it offers the best outcome for your situation.