If you attend a formal review hearing under Florida Statute Section 322.64, in a Driving Under the Influence with an unlawful blood/breath alcohol level (DUBAL) case, then the hearing officer will determine whether the disqualification should be upheld or invalidated.
The DUI defense attorneys at Meltzer & Bell, P.A. fight DUI cases in court and at the Bureau of Administrative (BAR) Office of the DHSMV in Lantana, FL. We represent drivers of commercial motor vehicles with alcohol in their system or any CDL holder arrested for driving under the influence (DUI).
Call (561) 557-8686 today.
The formal review hearing is held in accordance with Chapter 15A-6, of the Florida Administrative Code and section 322.64 of the Florida Statutes.
The formal review hearing concerns the disqualification of the driving privilege of a CDL holder or a person who operated a commercial motor vehicle in Florida after an arrest for driving under the influence with an unlawful blood or breath alcohol level (DUBAL).
The scope of the review is limited to the following issues:
The documents admitted into the record typically include:
The breath test technician, in a breath test case, will be asked: Did you administer a breath test to the petition on a certain date for the purpose of determining his or her breath alcohol level?
The criminal defense attorney is then given the opportunity to present evidence showing that the petitioner was not the holder of a commercial driver license and was not operating a commercial motor vehicle at the time he/she was disqualified.
This article was last updated on Wednesday, March 21, 2017.