If you have been charged with a DUI in the State of Florida you are immediately at risk to lose your license for a prolonged period of time. You can fight the loss of your license by requesting an Administrative Review Hearing through the DMV. It is very important to note you only have ten days following your arrest for DUI to request the Administrative Review Hearing through the DMV.
Challenging Your License Suspension
Following a DUI arrest you will receive a notice regarding license suspension. The notice regarding license suspension is not inalienable, you have a right to challenge your license suspension. The license suspension issue exists independently of the criminal DUI charge and as such it is important to fight both the license suspension and the criminal DUI charge.
In order to request an Administrative Hearing to fight your drivers license suspension you must take the following steps:
- Make a request for an Administrative Hearing in writing;
- Include your name, address, drivers license number and date of birth in the request;
- Further include the date of the suspension and the name of the county where notice of suspension was given;
- Make the request within ten days.
Types of Review Hearings
- Formal Review Hearing: A formal review hearing is similar to a trial in court. You are able to bring in evidence and elicit testimony from witnesses. Further you will be able to cross examine witnesses that offer testimony against you. It is important to have an experienced Criminal Defense Lawyer with you at a Formal Review Hearing as a lack of experience with the process will not help you keep your license. If you are represented by a lawyer your presence at the Formal Review Hearing is not mandatory.
- Informal Review Hearing: A hearing officer will be assigned to preside over the informal review hearing. The hearing officer will review the relevant materials. After their review of the materials the hearing officer will make a decision as to whether or not you should be able to keep your license following your DUI arrest. No testimony will be presented during an informal review hearing. You will only be able to keep your license if the hearing officer determines there is insufficient evidence and overturns the suspension of your drivers license.
If you have been arrested for DUI in Fort Myers, Naples, Port Charlotte, Punta Gorda or Cape Coral and want to fight the suspension of your drivers license contact a lawyer from Viacava & Cantor at 239-672-8934 (Fort Myers) immediately so we can represent you at your Administrative Review Hearing. A lawyer from Viacava & Cantor is ready to fight on your behalf against the suspension of your drivers license.