Administrative suspension due to unlawful BAC or test refusal

Posted over 4 years ago. Applies to Florida, 1 helpful vote


If you have been charged with DUI and your license has been taken by police officer then you have 10 days to apply for a Formal Review hearing to ask DHSMV to set aside suspension. The application can be obtained from the Bureau of Administrative Review. Ask your local Drivers License office to fine closest office or an experienced lawyer will have them in their office. Must be filed within 10 days of citation.along with copy of DUI ticket and $25 fee.

If the 10th day is weekend or holiday you have until next day. Request Formal rather than informal hearing. You hearing must be set within 30 days of application.At hearing you or preferably your attorney will examine the documents to make sure they are proper in form and content. An attorney with experience is needed to know what to look for and the motions that need to be made. If you win the hearing the administrative suspension will be set aside and your license reinstated at a minimum cost. If you lose then a Writ of Certiori needs to be file with the court who will review the record to determine if a legal decision was made and if not they could reverse the decision ordering the department to reinstate DL privilege.

Additional Resources

Read back of DUIcitation for directions

Rate this guide

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Refusing a DUI test

You are within your rights to refuse to take a sobriety test, but be aware that you may face severe consequences for doing so.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

28,792 answers this week

3,557 attorneys answering