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If you have been pulled over on suspicion of driving under the influence (DUI) of alcohol or a controlled substance in Florida, your license can automatically be suspended refusing to submit to a blood, breath or urine chemical test. An individual who does submit to testing, but fails an intoxication test with a blood or breath alcohol level of .08 or higher, can also receive an administrative license suspension.
The administrative license suspension is generally considered a civil penalty and is not a criminal punishment for committing DUI. Even if you are not subsequently charged with or convicted of a DUI in Florida, you can still receive an administrative license suspension, which is distinct from any criminal proceedings or penalties that may later arise from DUI charges.
It is important to know if your license has been administratively suspended, you can request a hearing within ten days of receiving notice of the suspension to have it invalidated or amended. This time period is very short, so it is important to hire an experienced DUI lawyer in Gainesville immediately after your driver’s license has been suspended.
If your driver’s license has been suspended because you refused to submit to chemical testing or failed to pass an intoxication test in Gainesville, or any of the surrounding areas in Florida, including Ocala, Alachua, and Lake City, contact the Galigani Law Firm.
Dean Galigani is knowledgeable in all areas of Florida’s driving under the influence laws and will make every effort to have your license reinstated at the administrative hearing. Call the Galigani Law Firm today for a free consultation at (352) 375-0812 about your administrative DUI license suspension.
The Bureau of Administrative Review (BAR) office is located in Gainesville, FL. The office handles the formal review hearings after a DUI arrest in all of the surrounding counties including Columbia County, Dixie County, Hamilton County, Lafayette County or Suwanee County.
If a person’s driving privilege is suspended or disqualified under Florida Statute Section 322.2615 or 322.2616 or 322.64, by law enforcement agencies in Columbia, Dixie, Hamilton, Lafayette or Suwanee County, then all requests for an administrative formal review hearing will be conducted via telephone by the Bureau of Administrative Review office in Gainesville, FL. For this reason, many DUI attorneys in Gainesville, Hire
The formal review hearing in Gainesville, FL, is conducted after a DUI arrest in accordance with Florida Statute Section 322.2615(6)(b) and Florida Administrative Code 15A-6.009. Although the attorney can attend the formal review hearing by using a land line telephone number, the attorney is also allowed to attend the hearing and sit in the room with the hearing officer. Witnesses will testify via phone.
Any subpoena duces tecum items must be mailed, faxed, or delivered to the Hearing Officer in Gainesville, FL, no later than one hour prior to the hearing. In cases where videos are to be viewed, a copy of the video must be submitted to the hearing officer prior to the hearing.
The video can be submitted by law enforcement or a properly authenticated copy can be obtained by the petitioner from the law enforcement agency or the state attorney and delivered to the hearing officer prior to the hearing. Videos, when applicable, will be viewed using WebEx technology during the hearing.
All parties must be able to access the internet in order to participate in viewing the videos. To ensure that the procedures can be used, it might be necessary to request a continuance when the witness is unable to comply at the hearing with the procedures.
An individual in Florida may receive an administrative driver’s license suspension if, while driving or in actual physical control of a motor vehicle, they:
The administrative suspension periods for refusing to submit to chemical testing are as follows, according to Fla. Stat. § 322.2615:
The administrative suspension periods for having an unlawful alcohol level of .08 or above are as follows, according to Fla. Stat. § 322.2615:
Additionally, drivers under the age of 21 who have a BAC of .02 or higher or who refuse to submit to chemical testing can receive an administrative license suspension. If the BAC is .05 or higher, the juvenile’s suspension is effective until they complete a substance abuse evaluation course. According to Fla. Stat. § 322.2616, the periods of suspension are as follows:
The law enforcement officer will confiscate the driver’s license immediately in the case of individuals both over and under the age of 21 and issue a ten-day temporary permit.
An individual may be eligible for a hardship license if their license has been administratively suspended or revoked, but it is prohibited for any second or subsequent suspension due to refusal.
Florida law provides for both formal and informal reviews of the license suspension. An individual who has received an administrative license suspension or revocation can make a written request for a hearing under Fla. Stat. § 322.2615 to the Department of Highway Safety and Motor Vehicles.
The decisions made at the hearing do not affect any subsequent charges or a criminal trial for driving under the influence, nor will a request for a hearing be used as evidence in the trial.
In order to request an administrative license hearing in Florida, the driver must:
A formal administrative license review in Florida occurs 30 days after the request for a hearing is made, and is permitted when the individual makes a timely request for a hearing (i.e. ten days after receiving notice). The formal review also permits the individual to present witnesses and other evidence, in addition to performing cross-examinations. If the individual does not appear at their scheduled formal review hearing without just cause, the formal review will be waived and the licenses suspension will remain in effect. A formal review hearing decision must be made within seven days of the hearing.
An informal administrative license review in Florida occurs when a hearing officer examines the materials submitted by the driver and the law enforcement officer. The hearing officer will then determine whether the suspension was supported by a sufficient amount of evidence. The informal review does not allow witness testimony, evidence or cross-examinations, or require the presence of the individual whose license was suspended. Notice of the hearing officer’s decision in an informal review must be mailed to the individual requesting the hearing within 21 days of the expiration of the temporary permit.
The standard of review for both informal and formal hearings is by a preponderance of the evidence, which means the evidence slightly weighs in one direction more so than another, or by 51%.
A new option gives an accused individual a choice of going to the DMS themselves within 10 days with certain documentation and immediately gaining a hardship license. This option should be chosen with care, though, as it waives the right to a hearing of any kind.
As stated in section 322.2615 of the Florida Statutes, the scope of the hearing officer’s review to determine whether to sustain, amend or invalidate the suspension is limited to the following:
If the hearing officer determines the issues above were established by a preponderance of the evidence, the individual’s license will remain suspended. If the hearing officer determines any of the elements were not established, the individual’s license suspension may be amended or invalidated.
Contact the Galigani Law Firm today for a consultation about your formal review hearing to invalidate the administrative license suspension throughout Gainesville and Alachua County in Florida. Dean Galigani is an experienced DUI lawyer in Gainesville who will make every effort to help you have your driver’s license reinstated after an administrative license suspension.
Contact the Galigani Law Firm at (352) 375-0812 for a consultation about your administrative review hearing and the procedures used by the Bureau of Administrative Review (BAR) office in Gainesville, FL, after a DUI arrest throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.
This article was last updated on Friday, May 19, 2017.
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