Tampa DMV Hearing Lawyers

Representation for Florida DHSMV Hearings

Following an arrest, you may request either an informal or a formal hearing with the state DHSMV, also known as the DMV. An informal hearing is held by one of the officers from the department, who will review all materials presented by the law enforcement and defendant. There is no need to bring witnesses to this hearing and no need for the officer to even show up. The department is required to send their decision regarding the hearing within 21 days of the temporary license being expired.

On the other hand, the formal hearing will be a much more rigorous process. While still held with a department official, it will also include the presentation of witnesses, testimony and any relevant evidence that may aid in the department in coming to a successful conclusion. During a formal hearing, it is required that the defendant who requested the hearing to show up in person, otherwise, their right to a hearing is waved and they will suffered from an automatic suspension regardless.

Regardless of whether you are partaking in a formal or an informal hearing, the DHSMV hearing will not discuss the question of your criminal guilt. Instead, it will deal with the arrest process. This will include whether or not the officer had reason to believe you were under the influence of alcohol and therefore probably cause for the traffic stop.

Hearings

You may be asked the following questions:

Did the subject operate a motor vehicle with a BAC of 0.08 percent or higher?
Did the subject refuse to partake in the blood, breath, or urine test after arrest?
Was the subject told that if they refuse, they would have their license suspended?

It is important to remember that even if the DHSMV does not decide to suspend your license, you may still losing driving privileges due to criminal penalties. The two are independent ordeals and do not depend on the findings of one another.

If you have been arrested for DUI, you must schedule a meeting with the Florida Department of Highway Safety & Motor Vehicles within 10 days of your arrest!

Thomas & Paulk can help. Not only can we schedule your hearing for you, but we can also represent you in order to help you get a positive outcome. It is important to act quickly in these cases, as the failure to schedule the hearing means that you waive your rights to contest your license suspension and get your license reinstated--even if you are found not guilty of driving under the influence!

Call (813) 321-7323 today to stay ahead of this and stop the DMV from automatically suspending your license!

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DUI Defense in Florida

At Thomas & Paulk, one of our primary focuses is on the defense of DUI charges. In fact, we are recognized throughout the Tampa area as one of the premier DUI defense law firms. Our team is well-versed in this area of the law and has a wide-expanse of experience in helping our clients fight against such charges.

It doesn’t matter if this is your first offense or your third, you can count on our firm to have the experience to protect your legal rights. Often, our defense starts with recounting with you how the police officer came to stop you in the first place and how he or she came to believe you may be under the influence of alcohol. If the stop was illegal, or the tests were improperly administered, we may be able to argue for the dismissal of that evidence in court, helping your chances of a dropped charge.

If you would like to learn more about how our team can help, contact us today.

If you're arrested for DUI, you only have 10 days to schedule a DMV hearing where you can fight to save your license.
A blood alcohol reading of 0.15% or more can warrant an aggravated DUI charge with harsher penalties.
Each year, Hillsborough County issues around 4,000 DUI citations. Out of these, more than 3,000 are found guilty.
Per Florida's zero-tolerance policy, anyone under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

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