One of the gravest penalties of a DUI Case is the suspension of your driver’s license. Being unable to drive can hurt both your personal life and professional career. You could potentially lose your job due to a lack of transportation to your workplace. Undeniably, driving remains a necessity and is a part of our everyday life. Losing your license can potentially be avoided through filing for a Formal Review Hearing.
What is a Formal Review Hearing
DUI Process in Florida
There are two phases to a DUI charge. One, the criminal case proceedings and the other one, the Department of Motor Vehicles (DMV) case processes. A Formal Review Hearing (FRH) is probably the best weapon you can utilize during the first stages of your DUI case. When arrested for a DUI violation, the Florida DMV will suspend your license for 10 days and will provide you with a DUI citation. You will have 10 days to continue your driving privileges before the administrative case violations take place. Within the given 10 days, you are expected to file a request for an Formal Review Hearing. This citation serves as your temporary license to drive for the 10 day period. Failing to make the request will result in you waiving your right to generally defend your case and readily giving up on contesting the suspension. In other words, a Formal Review Hearing is the stage where in you appeal with the DMV the suspension of your driver’s license.
Our team of experts will assist you in your Formal Review Hearing. Together we will create the best defense to maintain your driving privileges and avoid the administrative suspension. Our Jacksonville DUI law firm provides top legal counsel and will fight your DUI case using extensive experience and expertise . We will carefully evaluate the actual scenario of your arrest and how it was conducted. Many factors lead to winning a Formal Review Hearing and our attorneys are experienced and competent enough to have these factors play to your advantage.
Why Request for a Formal Review Hearing
1. More Driving: It will extend your driving privileges up to 42 days more, from the time of the 10 day temporary permit expiration and even while your administrative case is ongoing. This extended time allows for more preparation time in organizing other modes of transportation.
2. More Opportunities: With a Formal Review Hearing you and your lawyer have an opportunity to obtaining valuable evidence that will back your DUI defense for your criminal trial.
3. Not Guilty Plea: A Formal Review Hearing will help you muster a high chance of dropping all the DUI charges in your criminal case.
Potential Administrative Driver’s License Suspension Penalties as a result of driving under the influence:
First Offense:
If you consented to taking the breath test then you will be facing up to a 6 month suspense of your driver’s license with a 1 month hard suspension in which you absolutely cannot drive for any reason during those thirty days. If you refused to take the breath test then you will be facing a 12 month suspension of your driver’s license with a 3 month hard suspension in which cannot whatsoever drive during those ninety days.
Second Offense:
If you consented to taking the breath test then you will be facing a 12 month suspension of your driver’s license with a 1 month hard suspension. If you refused to take the breath test then you will be facing anywhere from 12 to 18 months and a 3 month to the full 18 month hard suspension. Depending on when your first offense occurred and if you refused previously.
Third Offense or Greater:
If you consented to taking the breath test then you will be facing a full 12 month hard suspension of your driver’s license. If you refused to take the breath test then depending on when your prior offense occurred and whether or not you refused the previous tests you will be facing a full 12 to 18 months hard suspension of your driver’s license.
Not Requesting a Formal Review Hearing:
Lose your right to FRH.
Driver’s license suspension will start immediately.
Failure of extracting valuable information to aid your case.
Lowered chances of getting the best out of your DUI case.
While the Formal Review Hearing process is an administrative case and will differ from your criminal court case, there are many great benefits to filing and scheduling your DHSMV review hearing. Having a well-equipped and experience lawyer is critical to the success of your Formal Review Hearing, your attorney needs to be able to determine flaws in both the administrative and criminal case. Being up to date with all the laws that are associated with the Formal Review Process is also a necessity in order to stay current and on top of your case. Our DUI attorneys in Jacksonville are accustomed to providing legal counsel for the Formal Review Hearing. We understand the review process and procedures that have been put in place by the Bureau of Administrative Review and DHSMV and are committed to having the administrative license suspension overruled and obtaining a temporary driving license. For your best defense, contact our lawyers today and we will start the process of resolving your DUI charges and penalties.
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