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DHSMV Formal Review Hearing FAQ

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What is a DUI Formal Review hearing?

  • This hearing is essentially an appeal filed with the DHSMV with the goal of possibly eliminating the driver’s license suspension.

Why request a formal review hearing?

  • When being charged with a DUI in Florida, the arresting officer typically issues a DUI citation which serves as notice of the administrative suspension, which begins right after the arrest. The benefit of requesting a DHSMV Formal Review Hearing is that the suspension may be ruled as invalidated. There are many circumstances which can result in winning of the hearing and even if the suspension is not reversed, this hearing gives your DUI attorney a chance to question each witness under-oath before the prosecutor has a chance to see the file. It is possible to win a DUI case during pre-trial motions or even at trial due to something that happens at the Formal Review Hearing.

How do I apply for the formal review hearing?

  • To apply for a Formal Review Hearing in Florida with the DHSMV, the defendant must submit an application for Formal Review. When submitting this request, one must include $25 to cover the filing fee, along with a copy of the DUI citation. If you would like to have one of our experienced DUI attorneys file an application for formal review hearing on your behalf, contact us today.

Do I Need to Attend the Formal Review Hearing

  • If you have already retained an attorney for your DUI, it is best to ask them if your attendance is required. In many cases, if the defendant has private counsel, their attendance is not required at the Formal Review Hearing

What is the “10 day rule?”

  • After being arrested for DUI, you only have 10 days to request a Formal Review Hearing with the DHSMV to contest the administrative suspension of your driver’s license. If you have just been arrested for a DUI and want to file a Formal Review Hearing, contact an experienced DUI lawyer today. Filing this request gives you the chance to get a 42-day hardship license so you can still drive to work while your DUI attorney fights the criminal charges.

Florida DHSMV Formal Review Hearing Resources