If you were arrested for a DUI in Broward County, FL, then within ten days of your arrest you or your attorney can go to the Bureau of Administrative Reviews to demand a formal review hearing. To demand the formal review hearing, you or your attorney must provide the BAR office with the written demand for a formal review hearing, a check for $25.00, and a legible copy of your DUI citation that acts as the
To demand the formal review hearing, you or your attorney must provide the BAR office with the written demand for a formal review hearing, a check for $25.00, and a legible copy of your DUI citation that acts as the notice of your administrative suspension.
If your driving privileges are otherwise valid, when you demand the formal review hearing you are entitled to a 42 day temporary driving permit that allows you to continue to drive for business purposes only (which includes work, school, the doctor and other driving necessary to maintain livelihood).
The Bureau of Administrative Reviews for Broward County is in Lauderdale Lakes. The address is:Bureau of Administrative Reviews in Broward County
Florida Statute Section 322.271 authorizes the Bureau of Administrative Reviews (BAR) office to conduct hearings for the purposes of determining your eligibility to reinstate your suspension or revocation early and in turn receive a “hardship license.” A hardship license does not restore your full driving privilege. Instead, it permits you to drive with restrictions during the period of revocation or suspension.
The BAR Office can authorize one of two types of hardship licenses restrictions:
Business Purpose Only (C Restriction) - The most common type of hardship license issued is for business purposes only. It is also the least restrictive because it allows you to drive as necessary in order to maintain livelihood, which includes driving to and from work, necessary on the job driving, driving for educational purposes and driving for church and for medical purposes.
Employment Purpose Only (D Restriction) - It allows you to drive to and from work and perform any on the job driving required by an employer or occupation.
If your administrative suspension is not invalidated during the formal review hearing, then after your hard suspension period expires (30 day for a first breath test suspension or 90 days for a first DUI refusal) you will go to the Bureau of Administrative Reviews to obtain your hardship license. At the Bureau of Administrative Reviews Office, you will fill out an application for a hardship license.
If this is your second refusal, then you will not be eligible for a hardship license during the 18 month administrative suspension.
When you go to the office be prepared to pay any necessary application fee or reinstatement fee.
DHSMV Administrative Suspension Hearings in Lauderdale Lakes, FL
Florida law provides that if the arresting officer or breath technician "fails to appear" for an administrative review hearing, after being duly subpoenaed, the Department of Highway Safety Motor Vehicles (DHSMV) shall invalidate the driver’s suspension.
Local law enforcement agencies in Broward County have several policies in place to minimize the number of suspensions that are invalidated because an officer fails to appear at the formal review hearing.
According to Policy 103.0, the FLPD has created certain procedures known as the Court Policy. The policies also set out rules for DUI enforcement officers with the Fort Lauderdale Police Department who are under subpoena for a formal review hearing.
As explained on page 4 of the Court Police, the FLPD recognizes that it is the responsibility of all officers with the Fort Lauderdale Police Department to appear at administrative hearings when subpoenaed.
In case an officer is going to be late or unable to attend the administrative hearing, they must notify the Court Liaison as specified in section M. “Subpoenas” of this policy.
Officers may request rescheduling of an administrative hearing by sending a Request to be Excused from Trial/Deposition (Form Z-430) to the Court Liaison as soon as possible. Department personnel may instead choose to forward a Court Excusal form found on the Department’s e-mail templates.
The Court Liaison will then send an email to the DHSMV at LauderdaleBar@flhsmv.gov. Please note that the request for rescheduling must be made prior to the start of the hearing and must state specific details which establish just cause for the request for rescheduling.
Locations of the Bureau of Administrative Review Offices - Visit the website of the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to find HSMV-78015 which was revised last on January of 2015. The form provides a list of the offices, address, hours of operation, and phone numbers for the various Bureau of Review Offices located throughout Florida. Unless otherwise noted the offices are open from Monday to Friday from 8 a.m. until 5 p.m. Find locations in Clearwater, Daytona Beach, Ft. Myers, Ft. Pierce, Gainesville, Jacksonville, Lantana, Lauderdale Lakes, Melbourne, Miami, Orlando, Panama City, Pensacola, Tallahassee, Tampa, Winter Springs, FL.
Contact an experienced attorney at Meltzer & Bell, P.A. after a DUI arrest. Our DUI defense attorneys in Fort Lauderdale can help you decide whether to request a formal review hearing to protect your driving privileges after a DUI arrest.
Whether you were arrested by an officer with the Broward County Sheriff's Office, the Florida Highway Patrol, the Fort Lauderdale Police Department or another area police department, we can explain the pros and cons of waiving all of your rights during a waiver review hearing if you want to stipulate to an administrative suspension.
Call us for a free consultation to discuss your case.
This article was last updated on Thursday, October 20, 2016.
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