Meltzer and Bell, PA remains committed to the people of South Florida during this very difficult time. Please know that we are open and will remain so 24 hours a day, seven days a week to those in our community who need our help.
FREE CONSULTATION: (561) 557-8686

Zero Tolerance Suspension

What happens at the formal review hearing for a zero tolerance administrative suspension in a DUBAL or refusal case?

If you are under the age of 21 years old, and an officer alleged that you either refused to submit to a breath test or submitted to a breath test and had a breath alcohol level of .02 or higher, then you must contest the suspension within ten (10) days of receiving the notice.

One of the main reasons these hearing are important to attend is because the hand-held breath test instrument used by an officer is NOT on the Florida Department of Transportation (FDOT) Conforming Protect List. 

In addition, other essential defenses may exist that might lead to the suspension being invalidated and removed from your driving record.

Zero Tolerance Suspensions in West Palm Beach, FL

Although you were not arrested for DUI because your normal faculties were not impaired by alcohol, you still face serious consequences because of the administrative suspension including a dramatic increase in your insurance premiums for years to come.

The Palm Beach DUI defense attorneys at Meltzer & Bell, P.A. help drivers who are under 21 years old fight the administrative suspension of their driver’s license after an allegation that they drove with alcohol in their system.

Call a DUI defense attorney in Palm Beach County, FL, in West Palm Beach today. Call (561) 557-8686 today.

Call (561) 557-8686.


Formal Review Hearing for Section 322.2616

The Florida Highway Safety and Motor Vehicles (HSMV) Field Hearing Officer will conduct the formal review hearing in accordance with Chapter 15A-6, Florida Administrative Code, section 322.2616 of the Florida Statutes.

The review concerns the suspension of the driving privilege on a certain date for either a DUBAL or refusal. The scope of the review is limited to the following issues in a DUBAL case:

  • whether the petitioner was under the age of 21;
  • whether the petitioner had an unlawful alcohol level of .02 or higher; and
  • whether the BAL level was taken on a lawful instrument listed on the FDOT Conforming Product List.

The scope of the review is limited to the following issues in a refusal case:

  • whether the petitioner was under the age of 21;
  • whether the officer had probable cause to believe that the petitioner had an unlawful alcohol level of .02 or higher;
  • whether the petitioner refused to submit to a breath test after being requested to do so by a law enforcement officer or correctional officer;
  • whether the petitioner was told that if he or she refused to submit to any such test that his or her privilege to operate a motor vehicle would be suspended for one year or, in the case of a second or subsequent refusal, for 18 months.

The documents admitted into the record during a formal review hearing in a zero tolerance case for a driver under the age of 21 typically include the following:

  • notice of suspension which includes a temporary driving permit;
  • the driver’s license;
  • a probable cause affidavit by the officer/ deputy/trooper;
  • the breath test result affidavit or refusal affidavit;
  • a copy of the FDOT Conforming Protect List.

This article was last updated on Wednesday, March 21, 2018.

  • Law Firm 500 Fastest Growing Law Firms In the U.S - 2017 Honoree
    Meltzer & Bell, P.A. was an honaree for the Fastest Growing Law Firm In the U.S. award in 2017.
  • National College for DUI Defense
    The NCDD is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about drunk driving law and related issues.
  • Broward Association of Criminal Defense lawyers
    BACDL's mission is to assist, support, and strengthen the Broward County criminal defense practitioner in the zealous defense of individuals and their Constitutional rights.
  • Florida Association of Criminal Defense Lawyers
    Promoting excellence and integrity in the practice of criminal law.
  • National Association of Criminal Defense Lawyers
    NACDL is an American criminal defense organization. Members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, judges and more.
  • National Organization for the Reform of Marijuana Laws
    NORML is an American non-profit organization based in Washington, DC whose aim is to achieve the legalization of non-medical marijuana in the United States.
  • DUI Defense Lawyers Association
    The DDLA was founded on principles of democracy, transparency, and freedom of speech. We provide support, resources and education to the top DUI attorneys nationwide.
  • Better Business Bureau
    The BBB, founded in 1912, is a private, nonprofit organization whose self-described mission is to focus on advancing marketplace trust.
  • Law Firm 500 Fastest Growing Law Firms In the U.S - 2017 Honoree
  • National College for DUI Defense
  • Broward Association of Criminal Defense lawyers
  • Florida Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Lawyers
  • National Organization for the Reform of Marijuana Laws
  • DUI Defense Lawyers Association
  • Better Business Bureau