Today, I was at the Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews for a Formal Review. Polk County DUI arrests now conduct these hearings telephonically.
While there, a person who was just arrested for DUI was trying to “waive” their right to a Formal Review and apply for a hardship license for the entire period of suspension. In a breath test refusal case, this suspension is one (1) year. In an unlawful breath (driver blew over 0.08 legal limit) case, the suspension is six (6) months. This allows a 1st time DUI driver to keep some form of a license during the entire DUI ordeal. If you request a Formal Review, fight the suspension, and lose, there is a 90 day “hard” suspension in refusal cases and a 30 day “hard” suspension in unlawful breath cases.
In order to be eligible for the hardship license, you must waive your right to a Formal Review. I have attached the form to this post for your convenience. You also MUST enroll in DUI school. PREVIOUSLY, a driver ONLY had to present proof that they paid for DUI school (receipt).
THIS HAS NOW CHANGED!
YOU MUST NOW ACTUALLY SIT DOWN WITH A COUNSELOR AND GET YOUR DUI CLASS SCHEDULE AND PRESENT THAT TO THE DHSMV Bureau of Administrative Reviews at 2814 E. Hillsborough Ave., Tampa, FL 33610.
You must also pay an application fee of $25.00 and explain to a hearing officer why you are in need of a license.
FINALLY, ALL THIS MUST BE DONE WITHIN 10 DAYS!
If you have been arrested for DUI, call an experienced DUI attorney that is a member of DUIDLA and NCDD!
Thomas C. Grajek
POLK TAMPA PASCO
206 Easton Dr. Suite 102 1910 Orient Rd. 24140 State Road 54 Suite E
Lakeland FL 33803 Tampa, FL 33610 Lutz FL 33559
(863) 838-5549 (813) 789-6404 (727) 457-8660
DMV waiver of formal review hearing form