The Florida DMV Eligibility Review Hearing is an administrative hearing for a person charged with a first offense DUI. By exercising the right to this hearing, the driver will be allowed to continue driving legally. By having the Eligibility Review Hearing, a person can guarantee the ability to continue driving without interruption, at least while the case is pending in the Florida court system.
In Florida when a person is arrested for DUI, there is normally a driver’s license suspension which occurs immediately after the arrest. If the driver is arrested and has a breathalyzer test result above a .08, there is an immediate 6 month suspension of license. In those cases where the driver refuses to take a breathalyzer, urine or blood test, there is an immediate suspension of license, which is 12 months for a first offense. Normal procedure at the time of arrest is for the the arresting officer to seize the driver’s license.
If the driver had a valid driver’s license at the time of the arrest, the citation functions as a temporary driving permit, and is good for a period of 10 days from the date of arrest. On midnight of the 10th day, that permit expires. In cases where there was a breath test with a .08 or higher result, the driver will not be able to drive, nor apply for a business purposes license for a minimum of 30 days. In cases where there was a refusal to take a breathalyzer, urine or blood test, the driver will not be able to drive, nor apply for a business purposes license for a minimum of 90 days.
Within 10 days from the date of arrest, a driver may apply for the Florida DMV Eligibility Review hearing. The DMV requires that a particular form be used for the application. After the form is completed, it is faxed to the DMV office provided on the form, along with a copy of the DUI citation, and proof of enrollment in DUI school. A telephonic hearing is held with the driver, which costs $25.00.
The Eligibility Review hearing can only be used on first offense DUI cases. If the driver has ever been previously arrested or convicted of a DUI, even if that DUI was in another state, this is not an option. In those cases, the only other alternative is the Formal Review Hearing. Click here for an explanation of what the Formal Review hearing is, and how to exercise your right to that hearing.
