DMV Hearings for DUI in Brevard County, Florida
April 15, 2023
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. Even if you aren’t found guilty of drunk driving, your license will be immediately suspended if you don’t request a hearing with the DMV.
Therefore, it is important to reach out to an experienced Florida DUI lawyer and prepare for a DMV hearing as soon as your driving license is suspended. 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 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 are far less formal than court trials. A DMV officer presides over the DUI hearing case. The DMV does not have the authority to put you in jail or penalize you, but they 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 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. Your request must contain your name, driver’s license number, birthdates, and other information.
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. During the hearing, a DMV officer will go over the materials provided by law police and your 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 arrested for drunk driving, or you refused to submit to chemical testing for DUI, such as breath, blood, or urine testing.
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!