If you are charged with a DUI, you owe it to yourself to find an attorney who thoroughly understands the complexities of Florida’s legal system. In this terrifying situation, you need a lawyer who will fight for you. The Berman Law Group has built a reputation as fearless and indefatigable defenders of their client’s rights. With decades of experience, we have the knowledge and skill to help you fight your suspended license and clear your name.
If you need an experienced DUI defense attorney, call The Berman Law Group right now at 1(800)375-5555 for a free consultation, where you’ll receive an honest and thorough evaluation of your case from a member of our knowledgeable team.
What Is a DMV Formal Review Hearing?
When an officer arrests a motor vehicle operator for a DUI, the arresting officer will usually issue something called a “DUI citation,” which also operates as an administrative suspension notice. In fact, this administrative suspension is a suspension of the operator’s driving license.
However, drivers do have the option of fighting to have the suspension removed from their driving record. After a DUI arrest, drivers only have a 10-day window to apply for a DMV review hearing. These hearings allow drivers to argue that their administrative suspension is invalidated and removed from their driving record.
Differences Between a Formal and Informal Review
When requesting a DMV review hearing, it is in the driver’s best interest to ask for a “formal” review hearing, as opposed to an “informal” review hearing.
The critical difference between DMV formal review hearings and informal hearings is that formal proceedings allow for the presenting of evidence and witnesses – including cross-examination. On the other hand, informal reviews only allow submitted evidence. A hearing officer will examine the materials collected from the driver and arresting officer and determine whether or not the administrative suspension is invalidated. No testimony is allowed during the informal review process.
Formal DMV review hearings are beneficial for drivers, as many times the arresting officer, or specialist who conducted the breathalyzer test, may fail to appear at the hearing. This means that drivers have a good chance of having their suspensions overturned and invalidated. However, if a driver fails to overturn their suspension, they will suffer a 30-day hard suspension on their license. Therefore, it is critical that anyone undertaking a DMV formal review hearing obtain an attorney.
If you have been arrested and charged with a DUI, it is imperative that you seek legal counsel immediately after you are charged. Make sure you get a trusted and experienced DUI defense attorney who is willing to fight for your rights. Call The Berman Law Group right now at 1(800)375-5555 for your free consultation.