Tag Archives: Administrative Suspension

How to Guide for the DHSMV DUI Formal Review Hearing in Florida

October 15, 2015 – 14:17

Update: The procedures for the Formal Review Hearing change over time, so we updated this guide recently. The most drastic changes occurred after March 9, 2020, when Governor Ron DeSantis issued Executive Order 20-52, declaring a State of Emergency for COVID-19. As a result, all formal review hearings are being conducted telephonically.  This “how to […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged , | Comments (5)

The Subpoena Duces Tecum at the Formal Review Hearing

October 30, 2014 – 22:34

The Bureau of Administrative Reviews (BAR) of the Florida DHSMV has been busy writing memorandums explaining their interpretation of the administrative rules and how the rules apply to the new telephonic hearings. Please leave a comment if you disagree with our strategy or use a different strategy. Read the new rules carefully. It is not […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged , | Comments (5)

Hello? New Procedures for Formal Review Hearings by Telephone

October 30, 2014 – 21:11

Update on Friday, August 14, 2020:  In DHSMV v. Edenfield, 58 So. 3d 904, 907 (Fla. 1st DCA 2011), the court held that witness may appear for the formal review hearing hearing by telephone. In DHSMV v. Bennett, 125 So. 3d 367, 369 (Fla. 3d DCA 2013), the court held that a party does not […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged | Comments (2)

Florida’s New Laws for DUI Administrative Suspensions and Reviews

June 21, 2013 – 07:45

Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change. Criminal defense attorneys who practice DUI defense will have to act quickly to understand the legislative changes. Update: Click here for a “How to Guide” on conducting […]

By lsammis | Posted in Tampa DUI Attorney | Also tagged , , | Comments (12)

It’s Back – “Lawfulness of the DUI Arrest” Again an Issue at the DHSMV Administrative Review Hearing

April 7, 2012 – 10:02

After a DUI arrest in Florida the driver can request a formal or informal review hearing to contest the administrative suspension of the driver’s license. That administrative suspension can range from 6 months to 18 months. The hard suspension (no driving for any reason) that can range from 30 days to 18 months. The administrative […]

By lsammis | Posted in Florida DUI Breath Test, Florida DUI refusal, Formal Review Hearing, Tampa DUI Attorney | Also tagged , , , , , , | Comments (4)