DMV Hearings in Brevard County, Florida
Brevard County DUI Defense Law Firm
If you were arrested for drunk driving in Brevard County, you only have 10 days to request a hearing with the DMV to retain your driver's license. If you fail to request a hearing, the DMV will
automatically suspend your license, even if you are not convicted of drunk driving. A Brevard County DUI attorney can fight to get your license reinstated, so contact Parks & Braxton, PA today to learn more about your legal options with our law firm.
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What is at Stake in a DMV Hearing
After your DUI arrest, you will receive notification from the DMV that your drivers' license is suspended. Many people don't realize that they can actually contest the license suspension through a hearing with the DMV.
How to prepare for a DMV hearing:
- Contact an attorney. Without the help of a legal professional, it may be difficult for you to navigate the DMV hearing process.
- Submit a written request for an administrative review hearing. This must be completed no later than 10 days following the notification of your license suspension. Your request must include your name, driver's license number, birthdate, and address.
- With your attorney, organize important information regarding the case. The hearing is not a legal proceeding, but may include the same information and evidence as your court case.
Driver's License Suspensions: What You Need to Know
What warrants a driver's license suspension?
According to F.S. § 322.2615(1)(a), law enforcement has the authority to suspend your driver's license in two situations: you are arrested for driving under the influence or you refuse to submit chemical testing, regardless of Florida's implied consent laws.
What happens to my license when I'm arrested?
Under F.S. § 322.2615(1)(a), the arresting officer will take your driver's license and give you a provisional license. This license will only last for 10 days. At the end of the 10 days, your license will remain suspended unless you requested a review hearing.
How long do I have to wait for my DMV hearing?
If you request a hearing, the department must schedule a review no later than 30 days after it receives the request. When the DMV schedules your review, it will send you a notification of the time, date, and place of your license suspension hearing.
Will I go to court for my license suspension hearing?
No. Your DMV hearing is not related to your court case. A hearing officer from the department will oversee the hearing, not a judge. The hearing will involve some of the same issues as your court case, but they are technically separate.
Formal vs. Informal Hearings
Under F.S. § 322.2615, an informal review only involves an examination of the suspension by the DMV. During the hearing, an officer from the DMV will review the materials from law enforcement and from you attorney. After the DMV reviews your case, it will make a decision regarding your license suspension to sustain, invalidate, or amend the suspension. The DMV will send you a notification regarding the outcome of the hearing.
Unlike an informal hearing, a formal hearing involves witnesses, evidence, testimony, and relevant documents. If you request a formal hearing and fail to appear on the selected date, your right to a hearing is automatically disregarded and your license automatically suspended. Like an informal DMV hearing, a formal hearing will determine whether or not the DMV has ample cause to suspend your driver's license.
Types of DMV Hearing
DMV Hearing for Driving Under the Influence
There are two basic reasons for a DMV hearing: you were arrested for drunk driving or you failed to submit to chemical testing for DUI, such as breath, blood, or urine testing. If you were arrested for drunk driving, the DMV hearing will be used to determine the following:
- Did the police officer have a good reason to pull you over?
- Were you actually in control of the vehicle when you were arrested?
- Were you under the influence of alcohol or a controlled substance?
- Was your BAC higher than .08%, the legal limit?
DMV Hearing for Refusing Chemical Testing
Refusing to submit to chemical testing during a DUI investigation is another way to lose your driver's license to suspension. If a law enforcement officer asked you to submit to breath, blood, or urine testing and you refused, your hearing will determine several factors, such as:
- Did law enforcement have probable cause to believe you were DUI?
- Were in physical control of a motor vehicle?
- Did law enforcement tell you that your license would be suspended?
At first-time refusal will lead to license suspension lasting one year; a second refusal will result in a license suspension period of 18 months. The suspension begins the day that the department notifies the driver that his / license is suspended.
Contact a Brevard County DUI Defense Lawyer Today
If you were arrested for driving under the influence, our team of Brevard County DUI lawyers can help you retain your right to drive. With more than 40 years of legal experience behind us, we have the legal skill to protect your rights. Whether you were arrested for DUI or refused to submit to chemical testing, you only have 10 days to request a hearing. Over the years, our lawyers have helped thousands of clients. Let us use our experience to help you!