Florida DUI Formal Review Hearing Lawyer
A Florida DUI formal-review hearing is an administrative proceeding before a hearing officer. It addresses your driver-license suspension, not guilt or innocence in the criminal DUI case. Request formal or informal review within 10 days after issuance of the suspension notice.
Before electing review, discuss the evidence, your driving needs and whether the separate restricted-license route is available. Accepting first-time restricted reinstatement under section 322.271(7) waives administrative review.
For help evaluating this deadline in Sarasota or Bradenton, call former prosecutor Daniel D. Nawara at (941) 920-5514 for a free consultation.
Formal review and informal review
Formal review permits testimony, evidence and authorized subpoenas. Informal review is a review of submitted materials without requiring the presence of officers or witnesses. Both have a statutory scope.
The issues depend on whether the suspension concerns an unlawful alcohol level or a refusal. They include probable cause to believe the person drove or was in actual physical control while impaired, and the applicable test-result or refusal/warning issues listed in section 322.2615(7).
Can my lawyer subpoena and question the officer?
A formal review can provide an opportunity to question the arresting officer or testing personnel about matters within the hearing's scope. Counsel can seek authorized subpoenas, arrange proper service, review the records, and prepare questions about the observations, testing, or alleged refusal.
The hearing may also help preserve testimony relevant to evaluating the defense. It is still a license proceeding with limited issues, and it does not replace the criminal case.
Former prosecutor Daniel D. Nawara represents clients in Sarasota DUI cases and Bradenton DUI cases. Ask whether formal review representation is included in your engagement.
What records can matter?
The suspension notice and relevant driving history.
Officer reports, affidavits, test or refusal paperwork and warnings.
Body-camera or dashboard video and recorded timing.
Facts affecting the legal testing request, test evidence or alleged refusal.
Related guides: breath-test refusal, breath-test evidence and high-BAC DUI allegations.
What if an officer does not appear?
Do not assume that any missing witness automatically wins the hearing. Section 322.2615 distinguishes a subpoenaed witness generally from the arresting officer or breath technician. Subsection (11) provides for invalidation when the arresting officer or breath technician fails to appear pursuant to a subpoena as provided in subsection (6). Proper subpoenas, service and the procedural record matter; counsel should assess the rule in the specific hearing.
The statute also provides procedures to seek enforcement of subpoenas. Keep copies of all notices and service records.
Does requesting a hearing let me keep driving?
The review request itself does not stay the suspension. A temporary permit issued at suspension expires on the statutory schedule, and other permits or restrictions depend on eligibility. Confirm what currently authorizes driving; do not rely on a pending hearing alone.
If driving for work is a central concern, compare the hardship-license option before choosing a route.
How does the hearing affect the criminal case?
The administrative hearing can identify evidence and preserve testimony, but its outcome does not automatically dispose of the criminal charge. The criminal case has its own deadlines, evidence rules and potential penalties. Read what happens after a DUI arrest.
What should I bring to a consultation?
Bring the citation, suspension notice, permit, upcoming court notices and any information about prior suspensions or refusals. State the notice date when you contact the firm so the review deadline can be evaluated.
Discuss your situation with Daniel D. Nawara. Call (941) 920-5514 or request a free consultation. Payment plans are available; the fee and scope are discussed before you decide to hire the firm.
Florida law and official resources
Updated September 25, 2026. General information, not legal advice. The law applicable to your case depends on the offense date and circumstances.