Florida DUI Administrative Review Hearing

After a night of festivities, noticing a cop car following you home can spark anxiety. A traffic stop can turn into a DUI investigation in an instant. After a DUI arrest, the arresting officer usually issues a citation that acts as a notice of the administrative license suspension. A license suspension prevents you from legally driving starting the moment you are arrested, and lasts up until you appear at the administrative hearing or until you have received a hardship license. If you have recently been arrested for a DUI in Orlando, you should understand what you may face when trying to reinstate your driver’s license.

DUI defendants must request an administrative DUI hearing ten days after the initial arrest. First-time DUI offenders may have the option to waive the formal hearing and instead apply for a hardship license. In some cases, however, it may be worth waiting for the formal review hearing. Your DUI lawyer will advise you on which action to take to make the best of an unfortunate situation.

Requesting an Administrative Review Hearing after DUI

At The Umansky Law Firm, we strongly urge DUI defendants to seek legal representation as soon as possible after their arrest. There are several actions to take and deadlines to meet to attempt to preserve your driving privileges. Following a DUI in Florida, you now have two methods available to try to keep your driver’s license. The first is requesting an administrative review hearing.

DUI defendants must request a review hearing 10 days after the initial DUI arrest. During this hearing, the hearing officer decides whether the defendant should keep his driver’s license. Those who do not wish to risk losing the hearing might be able to request a review waiver. This second option is only available to first-time DUI offenders with no previous DUI or reckless driving charges on their records.

Recent Case Result

Recently, The Umansky Law Firm defended a client charged with a DUI. The charge was amended to reckless driving and the client received withhold of adjudication, 6 months of probation, and NO DL suspension. To view more DUI defense cases, visit The Umansky Law Firm’s verdicts & settlements page.

Benefits of the Administrative Review Hearing

A DUI review hearing can provide several opportunities that may benefit your case, even if you do not win the hearing. First, if you request an administrative review hearing, your Orlando DUI attorney will be able to represent you at the hearing. Your attorney will have the opportunity to:

  • Contest the suspension of the license. A knowledgeable DUI attorney may be able to present evidence that will cause the license suspension to be invalidated. If the arresting officer or the officer who administered the breath test fail to appear at the hearing, that may also cancel the suspension.
  • Gather evidence and present witnesses.
  • Question witnesses under oath before the prosecutor sees the file.

Defendants and attorneys alike often choose to request the formal hearing to take advantage of these opportunities. It is possible to gain valuable information that will boost the case at trial by attending the hearing. Additionally, defendants who win the hearing can keep their driver’s license with full privileges.

Drawbacks of the Administrative Review Hearing

If you rely heavily on your driver’s license to get to work and complete other tasks, the administrative review hearing may not be the ideal option. You may be required to wait several weeks before having the opportunity to contest the license suspension at the administrative review hearing. If you lose the hearing, you stand to receive a hard license suspension which will prevent you from obtaining a hardship license. This means that you will not be able to drive for any reason for a minimum of thirty days or a maximum of ninety days depending on whether you submitted to the breath test.

Waiving the Administrative Hearing

It is now possible to request to waive the administrative review hearing and immediately apply for a hardship license. First-time DUI offenders may now ask to waive the hearing within 10 days of their arrest. Those who may qualify to waive the hearing and receive a hardship license include those who:

  • Provide proof that they have enrolled in DUI school within 10 days of their arrest
  • Have no other DUI charges, alcohol related reckless driving charges, lost license before for other alcohol-related charges

Additionally, if you choose to waive the hearing and apply for a hardship license right away, you must sign up for a DUI Level I school and appear at the DMV to request the waiver in person. You must sign and file the waiver within 10 days of your arrest.

Immediately after a DUI arrest, you should discuss your options with a qualified attorney in Orlando who dedicates a significant portion of his practice to DUI defense. At The Umansky Law Firm, our team of attorneys holds over 100 years of experience defending DUI charges throughout Central Florida. Call 407-228-3838 or contact us online for a free case review.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements

$1,600,000

Sexual Assault Victim

$1,600,000

Car Accident

$290,000

Motorcycle Accident

$200,000

Trip and Fall

$150,000

Car Accident

$110,000

Car Accident

$100,000

Car Accident

$290,000

Car Accident

$120,000

Car Accident

$100,000

Car Accident

$125,000

Car Accident

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements