How to Win the DUI Formal Review Hearing

When you have been arrested for a DUI, there are several aspects beyond the criminal court hearings and trial that you must deal with. As if the situation is not stressful enough for you, you may face administrative suspension of your driver’s licence. Administrative suspension occurs following a DUI arrest wherein you either refused a breathalyzer test, or the test reading was above 0.08. However, as outlined in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code, you have 10 days to request a formal review hearing to contest the administrative suspension of your license.

In this brief article, a DUI defense attorney in Tampa with The Rickman Law Firm shares a few tips to help you win the DUI formal review hearing, and what you should do if you have been arrested for a DUI.

Why Request a Formal Review Hearing?

You might be wondering why you should add a formal review hearing to your list of business to handle after a DUI. Certainly it is an optional step, but it is one that can give you a way to still drive while your attorney handles the DUI case and official suspensions. Additional benefits include:

  • The opportunity to obtain a 42-day BPO license (a.k.a. the hardship license)
  • The ability to subpoena witnesses, which also means that failure of a witness to appear (such as an arresting officer or test operator) resulting in an automatic win
  • Challenges to the arrest validity if the suspension is invalidated

A DUI attorney in Tampa will be able to discuss other benefits with you and will help you decide if this action is right to take.

Ways to Win a DUI Formal Review Hearing

If you decide to move forward with a formal review hearing, the following are the most common ways to win:

  • Arresting officers or testing administrators fail to appear at the review hearing
  • The BAR does not receive the DUI packet prior to the hearing
  • The stop was invalid, or there is credible reason or proof that the stop was improper
  • There is conflicting or incomplete evidence or test results

Hire an Experienced DUI Attorney in Tampa

If you’ve been arrested for a DUI, there are several defenses you may pursue which is why it is so crucial to contact an experienced DUI attorney. Your attorney will help gather evidence and investigate the arrest while working to protect your rights.

As soon as you are arrested for a DUI, a DUI defense attorney in Tampa with The Rickman Law Firm can help. The skilled legal team at The Rickman Law Firm will help you understand the best defense for your specific case and will be able to pursue all necessary evidence and witnesses to obtain a favorable outcome.

For a free consultation with a DUI defense attorney in Tampa, please contact The Rickman Law Firm today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

NEED A DEFENSE ATTORNEY?

Schedule Consultation

Case Results

Battery Charge Dropped

The Defendant and a group of his friends were walking in South Tampa when a fight broke out. The defendant was charged with battery and the case was set for trial. After the Defense argued
Show More

BUI REDUCED TO RECKLESS BOATING

The Client was operating his boat on the mouth of the Alafia River when he was stopped by law enforcement for allegedly speeding in a No Wake Zone and subsequently was arrested for Boating Under
Show More

BATTERY CHARGE DISMISSED UPON COMPLETION OF DIVERSION PROGRAM

The Client was arrested and charged with Battery after a homeowner’s association dispute turned physical, where the victim alleged that the Client came to her home and pushed her during an argument over homeowner regulations.
Show More