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.
