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.
Scope of the Review of the Disqualification
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:
- whether the stop was legal;
- whether the law enforcement officer had probable cause to believe the subject was, while in the state of Florida, driving or in actual physical control;
- of a commercial motor vehicle; or
- any motor vehicle if the driver holds a commercial driver’s license;
- whether the subject, while doing so, had any alcohol, chemical substances, or controlled substances in his or her body; and
- whether the petitioner had an unlawful blood-alcohol level or breath-alcohol level of .08 or higher.
The documents admitted into the record typically include:
- the uniform traffic citation, which consists of a temporary driving permit, and a notice of suspension/disqualification;
- commercial driver license notice of disqualification;
- post-dated commercial driver license notice of disqualification;
- driver’s license;
- probable cause affidavit by the officer, deputy or trooper;
- the breath test result affidavit;
- the crash report (if submitted);
- the alcohol influence report; and
- the agency inspection of the breath testing instrument.
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.
