Ways to Win a Formal Review Hearing for an Orlando DUI

If you’ve been charged with DUI in Orange County, one of the first things that happens is that your driver’s license is automatically suspended. You can, however, request a formal review hearing to contest the suspension, and there are many benefits to doing so. According to the Bureau of Administrative Review Office’s training materials, there are 14 discrete ways to win a formal review hearing. These materials explain why an administrative suspension would be invalidated. These include:

• The arresting officer failed to appear at the hearing
• The breath test operator failed to appear at the hearing
• There was no DUI packet received by the BAR before the hearing
• The officer lacked probable cause to stop the vehicle
• The state presented conflicting evidence concerning the defendant
• There was no valid breath test
• Necessary documents were missing or unreadable
• There were no proper implied consent warnings
• Refusal affidavit not attested to
• No 0.02 percent agreement on the Intoxilyzer Breathalyzer Test

The major downside to requesting a formal review hearing is that, if the suspension is upheld, the defendant would be required to serve out a 30- to 90-day suspension. Generally speaking, it’s worth the risk to request a formal review hearing. If you win, the benefits include:

• 42-day permit to continue driving while contesting the administrative suspension
• The black mark on your driving record would be removed (otherwise, the black mark would stay on your driving record for 75 years)
• Questioning witnesses under oath before the prosecutor has a chance to take up the case against you
• This might be your attorney’s only chance to question witnesses under oath before your trial
• Requiring witnesses to bring additional evidence to the administrative hearing (body cam or dash cam video)
• Recovering evidence related to the maintenance of the breathalyzer device used to implicate you
• Locking witnesses into their testimony (so it can’t be changed later)

There are several benefits to requesting a formal review hearing that substantially outweigh many of the consequences. In most cases, the client chooses to contest the administrative suspension.

What does the hearing officer look for when deciding whether to return your license?

In an Orange County formal review hearing, the officer’s job is to determine the following issues:

• Did the law enforcement officer have probable cause to believe that the individual whose license was suspended was driving or in actual physical control of the vehicle while under the influence of drugs or alcohol?
• Did the individual whose license was suspended refuse to submit to a urine, blood, or breath test after a law enforcement officer issued the request?
• Was the individual whose license was suspended told that if they refused to submit to chemical testing, their driving privileges would be revoked for a period of one year (if it was the second time they refused, their license would be suspended for 18 months)

Talk to an Orlando DUI Lawyer Today

 FL DUI Group represents the interests of Orlando residents who have been arrested for DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin advocating on your behalf right away.