Administrative Review Hearing
In Florida you must take action within 10 days of being arrested for a DUI or your license will be suspended. When arrested for a DUI you will basically have two separate cases. The first and most pressing is the administrative review hearing. This does not allow procrastination because you only have 10 days. The second part of a DUI is the criminal case which starts with the arraignment usually about 30 days after arrest. It is important to take action as soon as possible and retain a DUI lawyer to start working on your case. The administrative case is based on revoking your privilege to drive. The state must have substantial competent evidence to uphold the suspension of your driving privileges. Substantial competent evidence can come from the documents in the DUI packet. If the driver requests subpoenas they can call the police officer or other witnesses to the hearing.
The hearing is conducted in front of a hearing officer who is not a lawyer but is trained by the Department of Highway Safety and Motor Vehicles. For a first time DUI the administrative suspension is 6 months for a breath test with no driving for the first 30 days. For a refusal the suspension is 12 months with no driving for the first 90 days. As of July 1, 2013 a driver on a first DUI can waive the formal review. By paying $200, enrolling in the DUI class, being compliant with the Florida Real ID Act and having no prior DUI or DUI related offenses on your record. When the formal review is waived the driver will get the 6 or 12 month suspension but will immediately be eligible for the hardship avoiding the 30 or 90 day suspension.