Formal Review Hearing
When you are arrested in Sarasota for driving under the influence (DUI), your license to drive is automatically suspended for several months, depending on how many DUI convictions you have had. You have 10 days from the arrest date to request formal review hearing. You can bring your Sarasota DUI attorney, which is a vital part to your defense. This hearing may lead to the restoration of your driver’s license and bolster your criminal defense.
Driver’s License Suspension
When you are pulled over for DUI, you will likely be requested to take a chemical sobriety test; either a breath test, urine test or blood test. If you opt to take the test and this is your first DUI offense, your license to drive will be suspended for a period of 6 months. You will not be allowed to drive for any reason for 1 month. If you refuse to take the test, you are subject to a 12 month suspension with a 3-month driving ban. If you have any interest in fighting this suspension, you must have an administrative hearing.
If you are charged with a DUI in Sarasota County, do not wait to contact a Sarasota DUI attorney. Time is very important. Not only is the 10-day limit to request a hearing crucial to your case, but you could be granted a 42-day driving permit as a result of the hearing. This will give you the time to make other transportation arrangements when your driver’s license is suspended. Your Sarasota defense attorney can help you file the proper paperwork. This permit is usually granted when a formal review petition is filed.
Formal Review Hearing
Our Sarasota DUI lawyers at Musca Law can help you to contest the automatic suspension of your privilege to drive and help to win your administrative hearing. A top Sarasota DUI attorney will use
several strategies to win your case on the administration side. The police must prove that all guidelines and procedures were followed, from the moment they chose to stop the vehicle through the arrest process. This includes the reading of Miranda warnings and implied consent warnings. Sometimes the prosecutor’s witnesses do not show up. These and other factors can help you regain your driver’s license.
Formal Review Contributing Factors
In the event that your formal administrative hearing is unsuccessful, you may still have a better chance of winning your criminal DUI court case. You Sarasota DUI attorney can use information obtained during the administrative hearing process to further your criminal case. The formal review hearing can be used as a means of discovering the prosecution’s strategy and learning more details about their evidence against you. This information will be helpful when your Sarasota DUI lawyer prepares for your criminal trial.