What Is A Waiver Of The Formal Review Hearing?

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The state of Florida, in an effort to cut down on the number of formal review hearings has started a program where you can voluntarily waive that hearing. However, you do get something for doing that waiver. They will give you the ability to obtain a permit immediately and not have to go through any of the suspension periods that are involved with a formal review hearing. In a case where you took a breath test and blew above a 0.08 on a first DUI. If you were to lose the formal review hearing there would be a 30 day period in which you are ineligible for a work permit. If it is a refusal and you lose the formal review hearing, you will have a 90 day period in which you are ineligible for a driver’s license. After those period you are eligible for the business purpose license.

If you do the waiver, you are not subject to those hard times and you don’t have that risk. However, you will have given up a very important tool that can be used in criminal court and that’s getting the testimony of the officers at the formal review hearing that is admissible in criminal court.

How Do I Actually Request A Formal Review Hearing?

To request the formal review hearing, one has to be done within 10 days of the date of the arrest. If you falter and you don’t request that within 10 days, there is nothing you can do to come back and request that hearing. The 3^rd paragraph on the back of the ticket, in very small print of the DUI citation is where they are giving you notice of this. A lot of people don’t see that and the officer doesn’t oftentimes tell you that. You first have to be able to send that request in within 10 days. The state of Florida charges $25 to make that request. If you call our office, we will help you put that together and we won’t charge you to set that up. We just want to make sure you don’t lose that important tool.

What Are Some Issues Faced In DUI Formal Review Hearing?

In a formal review hearing there are 2 basic issues you are looking through. One is whether or not the officer had probable cause to believe that the defendant was either driving or in actual physical control of the vehicle in the state of Florida and whether or not they were under the influence of alcoholic beverages or chemical or controlled substances. The second is whether the individual had an unlawful blood alcohol level or breath alcohol level of 0.08 or higher. In looking at this and speaking to the officers and going through the testimony, they are required to show up. Secondly, they have to be able to give cause or display probable cause for that arrest. It had to have been a legal arrest. Thirdly, if they took a breath test they are going to have to show that it was a valid breath test.

In other words, the machine has been maintained correctly and whether or not they are going to be able to get that into evidence. If they fail with any of those things, you will be successful at eliminating that suspension with the Department of Motor Vehicles.

For more information on Waiver Of Formal Review Hearing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.