Can an Administrative Hearing Help Me Get My Charges Dropped?

June 26, 2025

Learn How an Administrative Hearing Could Be Your Key to Avoiding Criminal Convictions

When you've been charged with a criminal offense in Florida—perhaps DUI, shoplifting, or a traffic-related violation—you may wonder if an administrative hearing can put an end to the charges before a criminal court trial ever happens. I'm a Florida criminal defense lawyer, and I've helped countless individuals use administrative hearings to either dismiss their charges or minimize their consequences. Let's have a frank conversation about how this process works, which defenses may apply, why having a private attorney is essential at every stage, and how a real case unfolded in my practice.

What Is an Administrative Hearing?

An administrative hearing typically arises when a state agency—like the Florida Department of Highway Safety and Motor Vehicles (DHSMV)—takes action against your driver's license or professional license. For instance, if you're arrested for DUI, the DHSMV automatically suspends your driver's license unless you request an administrative review within 10 days of arrest. That review is your opportunity to contest the suspension before an administrative law judge.

Relevant statute: Florida Statutes § 322.2615(1)(a) states:

"A person who is placed under arrest for a violation of s. 316.193 [DUI] and who submits to a breath test… or who refuses to submit… has implied consent… The department shall suspend the driver's license… unless a formal review… is requested."

Why an Administrative Hearing Matters

Here's why an administrative hearing can be a powerful tool:

Separate and parallel track
- It's independent of the criminal court proceedings. A favorable administrative outcome—like avoiding license suspension—can relieve immediate pressure, giving you breathing room to focus on your criminal case.
Lower standard of proof
- The DHSMV need only show, by substantial competent evidence, that you were properly arrested and submitted to testing (or refused). That's less strict than "beyond a reasonable doubt" in criminal court.
Preserves your driving privileges
- Losing your license can be devastating. A successful hearing keeps you on the road—helping your employment, family, and daily life.

Even if the administrative hearing doesn't get your criminal charges dropped, it can position you more strongly when discussing plea agreements or alternative resolutions. And you need a private attorney who understands both administrative and criminal courts—someone who can coordinate strategy and protect your interests on both fronts.

How Administrative Hearings Can Help You

There are several defense options in an administrative hearing:

Procedural defects
Was the arresting officer authorized? Did they notify you of your right to counsel in your language? Did they properly follow chain-of-custody protocols for breath or blood tests?
Probable cause to arrest
Under Florida Statutes § 316.1932(1)(b), police must have probable cause to arrest for DUI based on observed behavior. If no probable cause existed—no weaving, slurred speech, failed field sobriety tests—your attorney can challenge the legality of the stop and arrest.
Improper testing procedures
Questions about whether the breathalyzer was maintained, calibrated, or administered under supervision by a qualified individual can be raised.
Unlawful refusal
If the police failed to advise you correctly that refusal would lead to automatic suspension or misread your response, your refusal defense may succeed.

Each of these requires careful analysis of facts, state law, and policy. Having a private attorney ensures these defenses are clearly presented, deadlines are met, and every procedural opportunity is leveraged.

Why Do I Need a Private Attorney?

Administrative law judges (ALJs) aren't your friends. The DHSMV is represented by seasoned government attorneys. They know how to present their case, relying on technical testimony and lab reports. Without experienced counsel, you might miss opportunities to render their evidence inadmissible or misunderstood.

Here's how a private lawyer helps:

Early document collection
We request all relevant documents—the arrest report, officer's notes, breath/blood records—so no surprises pop up later.
Cross-examination
Want to know if that breath test really confirms intoxication? Your lawyer can question witnesses under oath to sow doubt.
Legal arguments
Your attorney knows how to apply Florida case law—like Graham v. State, 768 So. 2d 574 (Fla. 2000) or State v. McNeary, 947 So. 2d 594 (Fla. 2006)—to parse nuances that may not be obvious to non-lawyers.
Connecting both cases
A good attorney makes sure that any legal gains in the administrative hearing can be used to inform the criminal case, avoiding conflicting positions or waiving rights.

Real-Life Case Example

Let me tell you about "Mr. R.," a client I represented recently. He was arrested for DUI after allegedly weaving lanes. Police administered a breath test that showed 0.122 g/dL. The officer then cited him under § 316.193(3)(b)(1)(C) for DUI with BAC ≥ 0.08. His license was automatically suspended.

At the administrative review:

We discovered the officer failed to properly calibrate the instrument and couldn't provide maintenance logs.
His refusal advisory form had missing timestamps and an incorrect statutory reference.
The arrest affidavit stated he had a "slight weave"—but body cam footage showed him driving straight.

We cross-examined the breath test operator, who admitted the device hadn't passed calibration in the last 30 days. Based on § 316.1932(2)(c) and DHSMV rules, I argued the results were unreliable. The ALJ agreed, granting a 30-day hardship license and extending it after trial. That saved my client from being wiped off the road during the criminal proceedings and gave us momentum heading into trial. Ultimately, his DUI charge was dropped in exchange for completion of an ignition interlock program and a minor traffic offense—no conviction on record.

Legal Statutes and Their Role

Here are the most relevant Florida statutes you should know. I'll explain why they matter.

§ 322.2615 – Implied Consent; suspension
"The department shall suspend the driver license… unless a formal review… is requested within 10 days."
Essential for launching your administrative hearing and identifying procedural missteps.
§ 316.193 – DUI law
"A person is guilty of DUI… if affected to a degree that renders the person incapable of safely driving or physical control of a vehicle or has BAC of 0.08 or more."
Central to both the criminal charge and the administrative process, we expect DHSMV to justify suspension by referencing this statute.
§ 316.1932 – Probable cause to arrest for DUI
Spell out the minimum law enforcement needs before arresting someone. Lack of documented cause provides ammunition in both hearings.
DHSMV Rule Chapter 15B-6 – DUI Administrative Hearings
Governs how hearings are conducted. Maybe they served the wrong form or missed your hearing request; that can result in a "no showing" win.

Careful examination of statutorily required procedures is how good defense attorneys win administrative hearings, force reduction of criminal charges, or avoid suspension altogether.

How It Works with Your Criminal Defense

While the administrative hearing is independently important, the benefits can bleed into your criminal case:

Evidence suppression
If breath or blood test issues surface administrative-level, we also inspect admissibility in criminal court under rules like Fla. R. Crim. P. 3.190(c)(4).
Strength at plea bargaining
Prosecutors are more likely to offer a favorable plea—such as reckless driving or diversion—if your license remains intact and the administrative win weakens their position.
Future protection
A dismissal or reduction of DUI may affect your insurance, employment eligibility, and immigration status—while a license suspension can have immediate, cascading impacts unrelated to your criminal case.

A judge might see reduced vehicle use as punishment already served; a jury might see inconsistent procedures as reason to doubt testimony. You need an attorney who links the two.

What You Should Do Right Now

Act fast—you have only 10 days from your arrest notice to request the administrative hearing. Miss it, and you'll lose your license with no chance to fight.
Collect your documents—ask for your officer's notes, calibration logs, refusal advisory form, and test operator credentials.
Hire a knowledgeable attorney—one who knows DHSMV rules and criminal court process. Don't rely on public defenders alone—they're good, but can't spend hours reviewing technical reports.
Preserve evidence—record officer dashcam footage, ask witnesses, request internal department procedures.
Show seriousness—attend your hearing, be professional, and follow instruction. The hearing outcome affects how prosecutors and judges later view your case. A "no show" here spells trouble in your criminal case.

Final Thoughts

If you're staring at a DUI, or even a traffic-related arrest, acting on the administrative hearing can make or break your day-of-court life. I've seen it reset negotiations and even erase criminal consequences altogether. Getting me or another seasoned Florida criminal defense lawyer on your side increases that chance considerably—because we know deadlines, technical defenses, and how to cross paths between administrative and criminal systems.

Contact Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Administrative Hearing FAQs

What is the difference between an administrative hearing and criminal court?

In a criminal court, you're facing potential jail time, fines, and a mark on your record. In the administrative hearing, it's about whether your license gets suspended. The required proof is different—you only need to show the evidence is reliable, not beyond a reasonable doubt. I've seen cases where DUI charges remained, but clients kept driving because we won administratively. That freedom often helps them resolve criminal cases more favorably.

Can waiving a hearing harm me?

Absolutely. If you don't fight your license suspension, it takes effect automatically. That can cost you your job or caregiving duties. And it removes leverage in criminal negotiations. You don't have to attend—your lawyer can, but make sure it's done right.

What if I refused a breath test?

Refusing a breath test triggers automatic suspension under § 322.2615, but your hearing focuses on whether police followed procedure. Did they read the correct form? Did they allow you to consult an attorney? We've had refusals overruled because officers skipped parts of the script. Winning those can spare your license for months.

Can an administrative hearing get my charges dropped?

It can't directly drop criminal charges, but it can weaken the prosecution's case. If we show test results are unreliable, that's ammunition against them. We've used administrative victories to convince prosecutors to drop charges or limit them to non-criminal citations like reckless driving or DUI diversion.

What if my hearing is negative?

Even if we lose administratively, you still have options: your criminal case continues, you can seek special hardship reinstatement after 30 days, or you can pursue DUI school to shorten license loss. And the lessons we learned during hearing prep often help in court.

Why can't I do this myself?

Forms and deadlines are strict. Evidence requests must be timely. And in hearings, corporate state attorneys know the law cold. You're the testimony; we're the legal scalpel. That often makes all the difference.

Is the hearing wireless or in person?

Mostly remote—telephonic or virtual. But we always prepare as if face-to-face. That way, when the official enters the room, we're on message. A private attorney helps you focus on your testimony while they control the legal side.

What if my case is not DUI?

Even though administrative hearings are most common in DUI cases, other license-based charges—like driving with a revoked license—can trigger similar proceedings. The same defensive playbook applies: assess procedure, identify defects, and use argument in your favor.

How long does the administrative process take?

Typically, 30 to 90 days from your hearing request. But if evidence is delayed or complicated—like blood test chain-of-custody—it can drag. Your lawyer can request extensions or bring procedural motions to keep options open on the criminal side.

Will winning administratively guarantee a win criminally?

No, but it helps. Criminal court demands higher proof. We combine administrative evidence suppression, lab analysis, and plea bargaining to build your strongest overall defense.