How To Guide for Formal Review Hearings in Florida
The attorneys at Sammis Law Firm created this updated “how to guide” to assist anyone who needs to demand a formal review hearing after a DUI arrest involving an administrative suspension.
After the DUI arrest, you will be issued a DUI uniform traffic citation that operates as your notice of suspension. That citation explains your right to demand a formal review hearing.
Step 1: Send the DSHMV a Letter Demanding the Formal Review Hearing
After the DUI arrest, you only have 10 days to demand a formal review hearing. You must submit the demand along with a legible copy of the notice of the suspension (the DUI uniform traffic citation) to the DHMSV. At Sammis Law Firm, we send the demand for the formal review hearing, a legible copy of the notice of supsension contained on the DUI citation, and a check for $25 via FedEx overnight delivery and email to: ________.
This is a sample of the wording for the demand for a formal review hearing that we use:
________________________.
Step 2: Complete the Prehearing Statement with Subpoenas to be Issued
What happens after you demand a formal review hearing? After you demand a formal review hearing, the Hearing Officer with the Bureau of Administrative Reviews will send you via email and mail, the following documents:
- a Notice of Formal Review Hearing / Prehearing Order (HSMV-BARNOTFRHG (Rev. 03/2020));
- a Driver’s Prehearing Statement (HSMV-BARPREHGST (Rev. 03/2020));
- and a Temporary Driving Permit.
Driver’s Prehearing Statement (HSMV-BARPREHGST (Rev. 03/2020)
The Notice of Formal Review Hearing / Prehearing Order provides:
This document serves as official notification that your telephonic formal review hearing for either REFUSE SUBMIT BREATH/URINE/BLOOD TEST or DRIVING WITH AN UNLAWFUL BAC LEVEL has been scheduled for a specific time and date per section 322.271, Florida Statutes and Chapter 15A-6, Florida Administrative Code.
You will be contacted for the hearing at [the number listed in demand for the formal review hearing]. To be contacted at a different phone number, please contact the hearing officer within 48 hours of the scheduled hearing time.
If you fail to participate in the hearing, you waive your right to a formal review, unless just cause is shown in writing within two days of the hearing.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has enclosed a Driver’s Prehearing Statement with this document, which must be completed and returned within 10 days of this notice to the hearing officer’s address listed below. The Driver’s Prehearing Statement should state, with specificity, disputed issues of law and fact, and summarize the anticipated testimony of all witnesses.
To request subpoenas, please include a self-address, stamped envelope and all typed subpoenas for FLHSMV seal and signature. It is your responsibility to properly serve the subpoena(s) on your witness(es).
If you do not speak or understand English, please have an English-speaking interpreter present to assist you.
The hearing officer will determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension or disqualification.
Please note, based on your driving record, a temporary driving permit has been enclosed with this document and is restricted to business purposes only. Your driving is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
The prehearing statement must be returned to the Bureau of Administrative Reviews Office at the address listed on the prehearing statement within ten day of the date listed on the preheating statement.
The prehearing statement lists the following information:
Petitioner Name:
Driver License #:
Hearing Date:
Citation #:
Time:
1. Phone number where you can be reached between 8 a.m. and 5 p.m., Monday through Friday ____________.
2. Will you be represented by legal counsel? __ Yes __ No
3. If you answered yes, please provide your attorney’s name, address and phone number below: —___
Be advised, section four (4) must be completed or this statement will be returned, which may result in a delay or denial of request for subpoena (see Rule 15A-6.011(2), Florida Administrative Code (F.A.C.)). Per Rule 15A-6.012(1), F.A.C., subpoenas shall be limited to officers and witnesses identified in documents per section 322.2615(2), Florida Statutes.
4. List the names and addresses of all personal you are requesting to appear at the hearing below (attach an additional page, if necessary). To request subpoenas, please include a self-addressed, stamped envelope and all types subpoenas for FLHSMV seal and signature. It is your responsibility to properly serve the subpoena(s) on your witness(es).
Witness Name:
Address:
List the Document Identifying Witness:
Is a Subpoena Being Request for Issuance?
5. Please list the issues of law and fact that the anticipated testimony of each witness (attach additional pages, if necessary).
_______________
I certify that a copy of this Driver’s Prehearing Statement has been mailed or delivered to then FHSLMV on the ___ day of _______, to the Bureau of Administrative Reviews office at the address listed in the prehearing statement.
Temporary Driving Permit
The temporary driving permit is sometimes called the 42 day permit because it typically lasts for 42 days. The temporary driving permit lists the DL#, License Class, Name, DOB, Gender, Address, City, State, Zip, Height, Issued Date: Expiration Date, Period, Endorsement, and Remarks. The temporary driving permit typically contains a restriction for business purposes only.
