Tampa DMV DUI Hearing Lawyer
After a DUI arrest in Tampa, your license may already be in jeopardy even before you step into a courtroom. Florida law allows for an automatic administrative license suspension through the Department of Highway Safety and Motor Vehicles. If you want to fight it, you have only 10 days to request a DMV hearing. This is a separate legal process from your criminal case, and the outcome can determine whether you lose your license or keep your driving privileges while your case moves forward.
Understanding DMV hearings after a DUI arrest
A DMV DUI hearing is an administrative review held by a hearing officer from the Florida Department of Highway Safety and Motor Vehicles. This review is not about guilt or innocence. It focuses on whether your license should be suspended based on what happened during your DUI arrest.
The hearing officer will look at whether the arresting officer had probable cause, whether you were lawfully arrested, and whether you refused or failed a breath or blood test. If the officer alleges that you were in actual physical control of the vehicle and your breath alcohol level was above the legal limit, the hearing may result in immediate license suspension.
What triggers a license suspension in Florida
Your license can be suspended in two ways. First, an administrative suspension begins immediately after a DUI arrest if you either refused the chemical test or failed it. Second, if you are convicted of DUI later in court, the criminal case adds another layer of suspension.
Florida statute gives you the right to request a formal review hearing, but only within 10 days of your arrest. If you do nothing, the Department of Highway Safety will move forward with suspension, and you may lose the chance to drive legally for months.
Real examples of DMV hearings in Tampa
We have helped clients request and win formal review hearings after DUI arrests in Hillsborough County. In one case, the breath test operator failed to follow proper procedure, and the suspension was lifted. In another, the hearing officer found that the arresting officer did not establish probable cause, which allowed our client to apply for a hardship license and keep limited driving privileges.
Every DMV hearing is unique. Your experienced attorney must know how to challenge the evidence, question the arresting officer’s conduct, and present strong arguments before the review hearing officer.
Why DMV hearings matter more than people think
Some drivers believe the DMV process is just a formality. But if you do not act, your license will be automatically suspended — even if you win your criminal case later. A successful DMV hearing can protect your driving record, preserve your employment, and prevent serious consequences like vehicle impoundment or habitual offender status.
An experienced lawyer can help you understand your options, prepare for the administrative hearing, and file all required paperwork with the Florida Department of Highway Safety and Motor Vehicles.
You still have time, Hersem Law can help
If your license is at risk after a DUI arrest in Tampa, Hersem Law can act quickly to request your DMV hearing, represent you before the hearing officer, and help you fight for your driving privileges. Our experienced Tampa DMV DUI Hearing Lawyer understands the administrative review process and knows how to protect your rights. Call today for a free consultation with a DUI defense attorney who will fight for your ability to keep driving.
FAQ: DMV DUI Hearings in Tampa
What is a DMV administrative review hearing?
It is a hearing held by the Florida Department of Highway Safety and Motor Vehicles to determine whether your driver’s license should be suspended after a DUI arrest. It is separate from the criminal court case.
How long do I have to request a hearing?
You have only 10 days from the date of your DUI arrest to request a formal or informal review. If you miss this window, your license will be suspended automatically.
Can I drive while waiting for my hearing?
Yes. If you request the hearing within the deadline, you may be issued a temporary driving permit that allows you to drive while your case is pending.
What happens at the hearing?
The hearing officer will examine evidence from the arresting officer, review test results, and hear any testimony or relevant evidence from your attorney. Their decision will determine whether your license remains suspended.
Can I still get a hardship license?
If the suspension is upheld, you may apply for a hardship license. This requires completion of DUI school and a substance abuse evaluation. An attorney can help determine eligibility and prepare the application.
Do I need a lawyer for the DMV hearing?
You are not required to have a lawyer, but an experienced attorney can greatly improve your chances of a favorable outcome. They know how to question the arrest process, challenge test results, and present evidence that supports your case.
