Your Right to Request a Hearing and Defend Against the Suspension of Your Driver's License in Florida

If you've recently had your driver's license suspended in Florida, you might feel overwhelmed, unsure of your options, or even helpless. The good news is that Florida law provides a way for you to challenge that suspension. Under Florida Statutes § 322.2616, you have the right to request an administrative review hearing to dispute the suspension of your license.

In this article, I'll walk you through exactly how § 322.2616 works, the defenses you might raise in such a hearing, and why it's critical to hire a private attorney to guide you through the process. I'll also share a real-life case example where we successfully won a case based on this statute so you can see how these hearings can be beneficial for drivers like you.

What Is Florida Statutes § 322.2616?

Florida Statutes § 322.2616 governs the process by which Florida drivers can request a hearing to contest the suspension of their driver's license. More specifically, this statute applies to cases where:

  • You refused a breath, blood, or urine test after being arrested for DUI.
  • You were involved in a DUI-related offense, and your license is automatically suspended as a result.

The key part of § 322.2616 is that it gives you the right to request a formal hearing to challenge the suspension. This hearing is administered by the Department of Highway Safety and Motor Vehicles (DHSMV). However, this is not an automatic process—you must request the hearing within 10 days of your arrest. If you fail to request the hearing in time, the suspension becomes final, and you lose your right to contest it.

Statute Text

Here is the relevant portion of Florida Statutes § 322.2616:

§ 322.2616(1)(a):

"A person whose driver's license has been suspended under § 316.1932(1)(a) or (b) may request an administrative review to determine whether the suspension was proper."

This means that if your license is suspended after a DUI-related incident (for instance, refusing a breathalyzer test or having an alcohol level above 0.08), you have a window of opportunity to challenge the suspension.

What Happens During the Administrative Review Hearing?

When you request a hearing under § 322.2616, the DHSMV will schedule a formal hearing where you can present your case to a hearing officer. Here's how the process typically works:

  1. Request the Hearing – You must file the request within 10 days of your arrest. The hearing will be scheduled within a few weeks.
  2. The Hearing Officer's Role – The hearing officer does not have to consider whether you were guilty of the offense, just whether the suspension of your license is legally valid.
  3. What Is Reviewed:
    • Whether the officer had probable cause to pull you over.
    • Whether you refused the test or failed to complete the test.
    • Whether the officer properly explained the consequences of refusal.
  4. Possible Outcomes:
    • If the hearing officer finds insufficient evidence to justify the suspension, they can overturn the suspension.
    • If the officer upholds the suspension, you may still be able to appeal the decision.

Real-World Example: A Case We Won

Let me give you a concrete example. I had a client who was arrested for DUI and refused to take a breathalyzer test. The officer claimed my client appeared impaired, and based on that, the license was automatically suspended under § 322.2616.

However, we requested an administrative review hearing. At the hearing, we argued that the officer did not have proper probable cause to stop my client's vehicle in the first place. We also challenged the officer's failure to clearly explain the consequences of refusing the breath test.

The hearing officer ultimately ruled in our favor, overturning the suspension because the probable cause was not supported by the facts. The result was a victory for my client, who was able to avoid the suspension and keep their driving privileges intact.

This is a perfect example of how requesting a hearing can work in your favor. It's a legal opportunity you shouldn't miss, and having an attorney involved is crucial to making the most of it.

Why You Need a Private Attorney

I can't stress this enough: If you're facing a license suspension in Florida, you need a private attorney. Here's why:

  1. Time Sensitivity – As I mentioned earlier, you have only 10 days from your arrest to request the hearing. A private attorney can help ensure that this deadline is met and that your request is filed correctly.
  2. Understanding the Law – Florida Statutes § 322.2616 is a detailed statute with specific legal nuances. An experienced attorney can interpret the law in your favor and highlight any flaws in the officer's process or evidence.
  3. Navigating the Hearing Process – At the administrative hearing, there are legal arguments to make, questions to ask, and evidence to present. Having a lawyer who understands how to build a strong defense can make all the difference in the outcome of your case.
  4. Challenging the Suspension – In some cases, the officer might not have followed the proper procedures. For example, they may not have properly explained the consequences of refusing the test, or they might not have had sufficient probable cause to make the arrest in the first place. These are all aspects that a skilled DUI defense attorney will know how to challenge.
  5. Appeals – If the hearing officer upholds the suspension, an experienced attorney can also help you appeal the decision and explore other legal remedies.

Defenses That May Apply in Administrative Review Hearings

When preparing for an administrative review hearing, you may be able to raise several defenses to challenge the suspension:

  1. Lack of Probable Cause – One of the strongest defenses is that the officer did not have probable cause to pull you over or arrest you in the first place. Without probable cause, the entire DUI arrest may be invalid.
  2. Improper Testing Procedures – If the breathalyzer test or other chemical tests were not conducted properly or within the required time frame, we can argue that the suspension is unlawful.
  3. Failure to Advise – The officer is required by law to properly advise you of the consequences of refusing a chemical test. If they fail to do so, this can serve as a valid defense.
  4. No Refusal or Refusal Was Not Voluntary – If you were not physically able to submit to the test or if your refusal was not made voluntarily (for example, under duress or confusion), this may be used to challenge the suspension.
  5. Medical Conditions – Certain medical conditions can interfere with field sobriety tests or breathalyzer results. If you have a medical condition that affects these tests, it may help reduce or eliminate the suspension.

A driver's license suspension can have serious consequences on your daily life. If you've been arrested for DUI in Florida, Florida Statutes § 322.2616 provides a legal opportunity for you to challenge the suspension. However, the process is complicated, and the outcome depends on the evidence presented at the hearing.

That's why it's crucial to hire a private attorney who can help you build a strong case, request the hearing in time, and challenge the suspension effectively. An experienced attorney will know the ins and outs of § 322.2616 and can use that knowledge to protect your driving privileges and your future.

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.

FAQs – Florida Statutes § 322.2616 and Administrative Review

What happens if I don't request a hearing for my license suspension in time?

If you don't request a hearing within 10 days of your arrest, your license suspension becomes final, and you lose your right to contest it. It's critical to act quickly and have an attorney handle the request on your behalf.

Can I represent myself at the administrative review hearing?

While you can represent yourself, it's not recommended. A lawyer understands how to challenge the evidence, question the officer, and present a compelling case. Representation increases your chances of success.

What if the officer didn't have probable cause to arrest me?

If the officer didn't have valid reasons for stopping you or arresting you, you could argue that the suspension should be overturned. Probable cause is a fundamental part of the process, and without it, your arrest may not be valid.

Can the officer's failure to advise me about the consequences of refusing the breath test be used as a defense?

Yes. The officer must clearly inform you of the consequences of refusing a test. If they failed to do so, that can be a valid defense to challenge the suspension.

What if the hearing officer upholds the suspension?

If the hearing officer decides to uphold the suspension, you can appeal the decision. Your attorney can assist you with the appeals process, exploring all legal avenues to reduce or remove the suspension.

How long does it take to schedule an administrative review hearing?

It typically takes a few weeks for the hearing to be scheduled after your request. The sooner you request the hearing, the sooner it can be addressed, so it's crucial to act within the 10-day window.

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.