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DUI on Miami Beach...quick question

Miami, FL |

What papers do I have to fill out within the ten day period to request a driving permit to and from school/work, and who do I send those to? The dmv or the Bureau of Administrative Reviews Office?

Attorney Answers 3


You should send a letter and a $25 check to the Bureau of Administrative Reviews. The subject line of the letter should say "Request for Formal Review," and you must include a copy of the uniform traffic citation (UTC), which contains the notice of suspension at the bottom. The body of the letter should contain a "request for a temporary permit," your address, telephone number, the county and date of offense, your license number, and the UTC number. I often "waive the requirement to have the hearing within 30 days" so that I can stretch out the temporary permit and decide if I want to subpoena the officer and order a court reporter. Unless you plan to pick up your permit in person, include a stamped envelope to expedite the receipt of the temporary permit.

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I agree with Mr. Bowdish. For a sample form go to the sample form link below. All of the information you need should be on the citation. I always advise my clients that they will be able to drive the longest if they get the permit on the 8th or 9th day. I do not advise them to go on the 10th day because if something happens they would not be able to get a temporary permit. You have a valid license for 10 days after arrest. You van get a permit for 42 days. If you get the permit on the first day your permit will be used while you have the 10 day license only allowing you 43 days of driving. If you go in on the 9th day you will have a total of 51 days of driving when the 10 day license is combined with the 42 day permit. If you are in a pinch you can mail it on the 10th day but you will be unable to drive while waiting for the permit to be mailed back. Be sure to take with you or mail a copy of your citation, $25 (in Central Florida they accept multiple payment types) and the request for a formal review. The address of the Bureau should be on your citation.

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There are 2 different types of hearings. One is a Formal Review, which if requested and the $25.00 fee is paid within 10 days the DMV should issue you a 42 day permit, if you are elligible. The second is a hardship license which you can not obtain until you have not driven for 30 days if a breath test was taken or 90 days if this was a first refusal.

An experienced DUI attorney will be able to advise you as to which is appropriate and will file the necessary paper for you. If you do it yourself, you should go to 2515 W Flagler Street in Miami and get a stamped in copy of your application. You should not do it by mail, but if you do you should send it certified, return receipt, before the 10 days are up, if you are asking for the Formal Review. If you request a formal review and do not hire a lawyer you must appear at the hearing and represent yourself. If you wish to contest the suspension, you should at least consult a DUI attorney.

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