Defendant’s License Suspended for Refusing Breath Test

The Charges

The police stop a driver who could not maintain a single lane. The defendant submitted to Field Sobriety Testing and performed poorly. The defendant also refused to participate in a Breathalyzer Test. The Department of Motor Vehicles suspended the defendant’s driver’s license for her refusal to participate in a Breath Test.

Formal Administrative Review 

In Florida, it is crucial for you to have a formal administrative review after having your driver’s license suspended. This hearing will determine if the defendant is allowed to keep their driver’s license privileges after they have been convicted of DUI (Driving Under the Influence). This hearing will allow you to fight for your license while you are waiting for your DUI case.  

If you want to have a formal administrative review you will need to take the following actions:

• Make a written request to the DMV 
• Be sure the request has your name, address, driver’s license number, and date of birth on it
• Provide the date of the license suspension, along with where the driver received the license suspension (county)
• File the formal administrative review with the correct administrative clerk within 10 days after having your license suspended (it must be postmarked by this date if sending in the mail)

If you wish to file a formal administrative review, a lawyer can easily handle this for you.  They will make sure everything is filled out correctly and completely, and will send the paperwork to the correct office in a timely manner to meet crucial deadlines. It is critical to the outcome of your case that you hire an attorney as soon as you receive such charges, as the clock is ticking away for these 10 days as soon as the incident occurs. 

Formal administrative reviews will not go against you even if you do not win. If the formal administrative review is not in the favor of the defendant, it is still a lesser price to pay then to not have the review at all. Most reviews that are not in the favor of the defendant are given 30 to 90 days of hard suspension. 

Musca Law Firm

If you or a loved one were pulled over and performed poorly on a field sobriety test, it is in your best interest to obtain legal services as soon as possible. Musca Law Firm has had many clients over the years that have been pulled over for suspected DUI and performed poorly on the testing, and we have often been able to help them have their charges reduced or dismissed. There are many reasons as to why one could perform poorly on such tests, and we are not afraid to build a strategic defense on your behalf.

Please contact our law firm today at (888) 484-5057 if you need legal representation. We answer phone calls 24 hours per day and we serve the entire state of Florida with offices in several cities for your convenience.  We will go head-to-head with the prosecution and protect your rights!

RESULT: The Defense Attorney filed a request for a Formal Administrative Review of the Client’s case by the DMV. The Defense convinced the Hearing Officer that the State’s case lacked evidence and that the Client never refused a breath test. The Hearing Officer ruled in the Defense’s favor and REINSTATED the Client’s license.