by | last updated on January 18, 2016

Whether you lose your license in Florida after a DUI arrest depends on your success at the Administration Suspension hearing, the formal review hearing and at trial.

Florida Department of Highway Safety and Motor Vehicles & Driver License Administrative Review Hearings

If you were arrested for DUI and refused to submit to a breath or urine test to measure the amount of alcohol or drugs in your system, or if you blew a .08% or higher, the DHSMV suspended your driver’s license and you only have 10-days to ask for a special hearing to challenge your DL suspension.  Drivers can request an “informal” or “formal” review hearing.  Informal review hearings are a joke!  In my professional opinion, no competent lawyer would ever request an informal review hearing.  At a formal review hearing, witnesses can be subpoenaed to testify.  Formal review hearing are great tools for getting early discovery about the case in order to start to develop a winning defense strategy.

The hearing officer at the DHSMV is not a lawyer. The rulings the hearing officer’s are often wrong and contrary to established law.  Too often the driver’s license administrative hearing end up with the hearing officers sustaining the suspension, but some suspensions are also set aside.  Drivers have 30-days to appeal the decision, but the driver doesn’t get their license back unless they win the appeal.  Many people who appeal their cases get their licenses back and the suspension is removed from their driver’s transcript.