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How to Prevent a License Suspension When Arrested for DUI in Florida

Written by: Michael Jeffrey Kessler

Reputation Level 8

Posted over 3 years ago. Applies to Alaska, 1 helpful vote, 0 comments

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Demand a Formal Review

This must be done in writing, but it may be done by letter, faxed or mailed. However, it MUST be received within the first ten (10) days following the arrest.

Hire a Real DUI Lawyer

Lots of lawyers "handle" DUI. You want a lawyer who actually knows how to defend them. This requires experience at DUI defense, and constant study. Look for a lawyer who regularly (several times every year) attends seminars dedicated to defense of DUI cases. Look for a lawyer who teaches at some of these seminars. Look for a lawyer who has published articles, or better yet, a book about DUI law, strategy, tactics, etc.

Look at the Evidence in Advance of the Formal Review Hearing

The evidence to be considered by the Hearing Officer (pretend judge) at the Formal Review is available well in advance. Look at it. Your lawyer should make a conscious, well-considered decision whether to subpoena the police officer(s) to attend the Hearing.

Fight to Win

DUI cases are often won (or lost) by what happens at this stage in the case. Too many lawyers who "handle" DUI cases do not know what it takes to win Formal Reviews. No lawyer can guarantee a win, but by their actions (or inactions), many lawyers can guarantee a loss.

Be Prepared to Appeal a Loss

Unfair and illegal mistakes by Hearinbg Officers can be appealed by filing a petition for a writ of certiorari to the Circuit Court. This is not as difficult as it might sound. A real DUI defender will know what to do.