What happens at a Florida DUI formal review hearing?

The formal review is the license half of a DUI case. It is run by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) through its Bureau of Administrative Reviews, under section 322.2615, Florida Statutes. The DUI charge itself is a separate criminal case in county court. This page covers how the hearing is requested, what the hearing officer may decide and consider, what happens if an officer does not come, and how the hearing connects to the criminal case. For Mr. Mead's overall approach, see the main DUI defense page.

How does a formal review unfold, step by step?

1. Request. Within 10 days of the notice, the driver files form HSMV 78065 with the $25.00 fee and a copy of the citation.
2. Records. The officer's affidavit, the test results or refusal affidavit, the notice and any video go to FLHSMV and become part of the record the hearing officer considers (s. 322.2615(2)).
3. Scheduling. FLHSMV must set the hearing within 30 days after it receives the request and send notice of the date, time and place (s. 322.2615(6)(a)).
4. Subpoenas. The driver decides which officers or test operators named in the documents to subpoena, pays any witness fees, and notifies the State Attorney in writing.
5. Hearing. The hearing officer takes testimony and evidence, by phone or video if so conducted, and limits the review to the issues in the table below.
6. Decision. Notice of the ruling goes out within 7 working days after the hearing (s. 322.2615(6)(d)).
7. Next step. If the suspension is upheld, the driver can look at a hardship license after the waiting period or seek review in circuit court.

How do I ask for a formal review, and where is it held?

The request goes on FLHSMV form HSMV 78065. The form says it must reach the Bureau of Administrative Reviews office indicated on the citation or notice, with a $25.00 filing fee and a copy of the citation, "within 10 days of the date of arrest or issuance of notice of suspension/disqualification, whichever is later." The form has three boxes: a formal review, a telephonic formal review, or an informal review. At an informal review, the form says, the hearing officer considers only documents, and "no testimony shall be considered." How to choose among these, and the restricted license that replaces them for some first-time drivers, is explained on our page about keeping your license within 10 days of a DUI arrest. Drivers who live outside Florida can request the same review; the rest of their case is covered in out-of-state drivers with a Florida DUI.

FLHSMV's location pages for Palm Beach County and for Broward County both list the same Bureau of Administrative Reviews office: 3718-3 W. Oakland Park Blvd., Lauderdale Lakes, FL 33311, phone 954-677-5800, open Monday to Friday, 8:00 a.m. to 5:00 p.m. Both pages say a formal hearing request can be made without visiting the office, by completing the form and submitting it by email. The statute also allows the hearing officer to conduct hearings using communications technology (s. 322.2615(6)(b)).

What does the hearing officer decide?

Only whether the suspension stands. Under section 322.2615(7), the hearing officer determines "by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension," and the review is limited to a short list of issues.

To do that, the hearing officer may administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses identified in the arrest documents, question witnesses and rule on the suspension (s. 322.2615(6)(b)). Whether the person is guilty of DUI is not decided at this hearing.

What evidence does the hearing officer look at?

Within 5 days of issuing the notice of suspension, the officer must send FLHSMV the license, an affidavit giving the grounds for the DUI arrest, the breath or blood results or an affidavit that a test was refused, the officer's description of any field sobriety test, and the notice itself (s. 322.2615(2)(a)). A late filing does not stop the department from considering evidence submitted at or before the hearing. The officer may also send the crash report and a video of the field sobriety test or the attempt to give one, and materials sent by a law enforcement agency are treated as "self-authenticating" (s. 322.2615(2)(b)). How the breath test itself must be given is explained in Florida's breath test rules.

A formal review may be conducted on those reports alone. The driver, however, may subpoena the officer or any person who administered or analyzed a breath or blood test (s. 322.2615(11)). The party who wants a witness present pays any witness fees and must notify the State Attorney's office for the circuit, in writing, that the subpoena was issued (s. 322.2615(6)(b)).

What if a subpoenaed officer does not show up?

Here the statute needs a careful read, because two sentences in the 2026 text of section 322.2615 point in different directions. Paragraph (6)(c) says:

"The failure of a subpoenaed witness to appear at the formal review hearing is not grounds to invalidate the suspension."Florida Statutes s. 322.2615(6)(c)

That paragraph lets a party enforce the subpoena by a petition in circuit court, or by a motion in the related criminal case, and a failure to obey the court's order is contempt. Subsection (11) of the same section says:

"If the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension."Florida Statutes s. 322.2615(11)

How those two provisions apply at a given hearing is a legal question, and the answer can turn on who the missing witness was and what was done to enforce the subpoena. Two related rules are plain. If the hearing is continued at FLHSMV's initiative, or the driver enforces a subpoena, the department issues a temporary permit for business or employment use until the hearing, but not to a driver who asked for and obtained the continuance (s. 322.2615(9)). And if the driver who requested the formal review fails to appear without just cause, the right to a formal hearing is waived and the suspension is sustained (s. 322.2615(6)(b)).

How long does the review process take?

Requesting either kind of review does not pause the suspension (s. 322.2615(9)), so the temporary permit's expiration date still matters while the hearing is pending.

Does the hearing affect the criminal DUI case?

The two cases are kept apart by statute, with wording worth reading closely. Section 322.2615(14)(a) says the department's decision "may not be considered in any trial for a violation of s. 316.193," and that a written statement submitted in the request for review may not be admitted into evidence against the driver in any such trial. Section 316.193(10), part of the DUI statute itself, says testimony or evidence from the administrative proceedings, or a written statement in the request, is inadmissible in any criminal proceeding "unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure." Because the two sections are worded differently, it makes sense to decide with a lawyer what, if anything, to put in writing or say on the record.

The hearing can still help the defense: it may be the first chance to see the officer's paperwork and video, and to hear the officer answer questions under oath. The criminal result can also reach back to the license. If the driver is found not guilty at trial, FLHSMV must invalidate a suspension for an unlawful alcohol level (s. 322.2615(16)). A refusal suspension is different: "The disposition of any related criminal proceedings does not affect a suspension for refusal" (s. 322.2615(14)(b)). Refusals also carry their own criminal penalties, explained on our page about refusing the breath test in Florida.

What happens if the suspension is upheld?

The suspension then runs its course: 6 months for a first unlawful alcohol level, or 1 year if the license was suspended before under this section; 1 year for a first refusal, or 18 months after a prior refusal suspension (s. 322.2615(8)). A driver who is otherwise eligible can apply for a business or employment license after a waiting period of 30 days after the last temporary permit expired for an alcohol level, or 90 days for a refusal (s. 322.2615(10)). Our page on getting a hardship license after a Florida DUI explains who qualifies and how. A decision sustaining the suspension can be appealed by a petition for writ of certiorari to the circuit court in the county where the driver lives or where the review was held. The appeal does not stop the suspension and is not a new hearing (s. 322.2615(13)).

What changes the answer?

• The reason for the suspension. In an alcohol-level case the hearing officer decides probable cause and the 0.08 level; in a refusal case, probable cause, the refusal and the warning about the 1-year or 18-month suspension (s. 322.2615(7)(a), (b)).
• Formal or informal. An informal review consists solely of an examination of the documents, and no officer or witness has to be present (s. 322.2615(4)). Only a formal review allows testimony and subpoenas.
• Who fails to appear. The statute treats an absent subpoenaed witness under paragraph (6)(c) and an absent arresting officer or breath technician under subsection (11) differently, as quoted above.
• Who asked for a delay. A continuance at FLHSMV's initiative brings a business or employment permit until the hearing; a continuance the driver sought does not (s. 322.2615(9)).
• How the test was done. Breath and blood results are valid only if performed substantially under methods approved by FDLE by a person with a valid permit (s. 316.1934(3)). Blood draws after a crash follow the rules described in can police take your blood after a DUI crash.
• Prior suspensions. They change the length: 1 year instead of 6 months for a repeat alcohol-level suspension, 18 months for a repeat refusal (s. 322.2615(8)).

A worked example

For example, imagine a hypothetical driver arrested in Coral Springs whose notice says the breath result was 0.09. The driver files form 78065 by email on day 6 and asks for a formal review. The bureau schedules the hearing within 30 days of receiving the request, as the statute requires. Before the hearing, the driver's lawyer reads the officer's affidavit and the breath test records, and subpoenas the arresting officer and the breath test operator, paying their witness fees and notifying the Broward State Attorney in writing. At the hearing, the officer testifies about the reason for the stop and the arrest, and the hearing officer then decides only whether there was probable cause and whether the level was 0.08 or higher. Whatever the ruling, the criminal case continues on its own track in county court. This is a hypothetical walk-through, not a prediction of any case.

Common mistakes people make

• Filing after day 10, or sending the form without the fee and citation copy.
• Choosing an informal review without realizing that no testimony is considered.
• Issuing a subpoena but not notifying the State Attorney in writing or paying the witness fee.
• Asking for a continuance and then expecting a temporary permit for the delay.
• Not appearing at the hearing they requested, which waives the formal hearing and sustains the suspension.
• Putting a long account of the night in writing without advice, given how sections 322.2615(14)(a) and 316.193(10) are worded.

What to do this week

1. Mark day 10 from the date on the notice of suspension.
2. Decide with a lawyer whether a formal review, an informal review or the restricted license fits your situation.
3. Send form 78065 with the $25.00 fee and the citation copy, and keep proof of sending.
4. Gather your own papers for the hearing: the notice, the citation, any breath test printout and receipts.
5. List the people named in the arrest papers who may be worth a subpoena.
6. Keep the temporary permit with you and stop driving when it expires unless another permit or license applies.

The rest of the week after an arrest is laid out in the first week after a Florida DUI arrest. The full case sequence is in what happens after a DUI arrest in Florida.

Frequently asked questions

Can the formal review be done by phone?

Form 78065 offers a telephonic formal review, and the statute lets the hearing officer conduct hearings using communications technology (s. 322.2615(6)(b)).

Does the officer have to come to the hearing?

Not unless subpoenaed. A formal review may be decided on the officer's reports alone, but the driver may subpoena the officer and the people who administered or analyzed a breath or blood test (s. 322.2615(11)).

Who wins if the hearing officer is unsure?

The standard is a preponderance of the evidence, meaning whether it is more likely than not that sufficient cause exists to sustain the suspension (s. 322.2615(7)).

Can I still get a hardship license if I lose the hearing?

Yes, if otherwise eligible, after 30 days from the expiration of the last temporary permit in an alcohol-level case or 90 days in a refusal case (s. 322.2615(10)).

Does winning the hearing end the DUI charge?

No. The criminal case is separate and continues in county court; the penalties it carries are listed on our page about Florida DUI penalties.

Is the hearing in Palm Beach County?

FLHSMV lists its Lauderdale Lakes bureau office for both Palm Beach and Broward drivers, and hearings may be held by phone or video. Other local offices and courts are on our Broward County and Palm Beach County pages.

How can Mr. Mead help with a formal review?

Choosing between a formal review, an informal review and a restricted license is a decision with trade-offs, and it has to be made inside 10 days. Mr. Mead can gather the officer's documents, weigh which witnesses are worth a subpoena, and plan the hearing with the criminal case in mind. Every case is different, and no result can be promised. Call (561) 362-6677, 24 hours a day, to talk through your notice of suspension before the deadline passes.

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