DMV Hearings / DHSMV Formal Review
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
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DUI
DMV Hearings
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Facing a DUI Conviction?
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Unlawful Police Stops
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
What if I missed the 10-day deadline?
If the 10-day window has passed, the administrative suspension cannot be challenged through the formal review process. However, you may still be eligible to apply for a hardship licence that permits driving for essential purposes such as work, school, and medical appointments. Contact Shepard Law to discuss your options.
Is the formal review hearing the same as the criminal DUI case?
No. They are separate proceedings. Winning the formal review hearing does not mean you win the criminal case — and losing it does not mean you will be convicted of DUI. The criminal case is decided in circuit or county court. The administrative process is decided by the DHSMV. Both require legal representation.
DMV Hearings After a DUI Arrest
You Have 10 Days to Act
Most people arrested for DUI do not know that they face two separate legal proceedings — the criminal DUI case and the administrative licence suspension. They are independent. The criminal case determines whether you are convicted of DUI. The administrative process determines whether your driving licence is suspended.
And the clock on the administrative process starts the moment you are arrested.
The Florida 10-Day Rule — What It Means and Why It Matters
Under Florida law, when you are arrested for DUI, your licence is automatically administratively suspended — either for 180 days (if you submitted to a breath or blood test and registered 0.08% or higher) or for one year (if you refused). You have 10 calendar days from the date of arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
If you do not request the hearing within 10 days, the suspension becomes final. You lose the right to challenge it. And depending on your circumstances, you may lose your driving privileges for months — affecting your ability to work, care for your family, and carry out the ordinary tasks of daily life.
Requesting the hearing also extends a temporary permit allowing you to drive while the hearing is pending. This alone makes the 10-day deadline worth meeting.
What Happens at a DHSMV Formal Review Hearing
The formal review hearing is separate from the criminal court case, though information gathered at the hearing can be valuable in the criminal defence. It is less formal than a court trial — a DHSMV hearing officer presides, not a judge. Key features:
- The arresting officer may or may not appear. If the officer fails to appear without good cause, the suspension must be overturned.
- Your attorney can subpoena witnesses, introduce evidence, and cross-examine the officer and any other witnesses
- The issues at the hearing are narrow: Was there probable cause for the stop? Was the arrest lawful? Was the test properly administered? Did you refuse?
- A successful hearing results in the suspension being overturned and your full driving privileges being restored
- Evidence and cross-examination from the hearing can be used in the criminal case — making the formal review a valuable dual-purpose proceeding
What Rusty Shepard Does at a DHSMV Hearing
Rusty Shepard has appeared at DHSMV formal review hearings across Bay County for over 25 years. His approach:
- Subpoena all available dashcam and body camera footage before the hearing
- Subpoena the Intoxilyzer 8000 maintenance and calibration records
- Cross-examine the arresting officer on the lawfulness of the stop, the administration of field sobriety tests, and the breath test procedures
- Identify any procedural defect that invalidates the suspension — including improper delivery of the notice of suspension or failure to observe the 20-minute observation period before administering the breath test
- Preserve all evidence and testimony for use in the criminal case
Arrested for DUI in Panama City or Bay County? Call Shepard Law at (850) 290-2505 immediately. The 10-day window starts at arrest. Available 24/7. Free consultation.
DUI
DMV Hearings
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Facing a DUI Conviction?
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Unlawful Police Stops
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Frequently Asked Questions
What if I missed the 10-day deadline?
If the 10-day window has passed, the administrative suspension cannot be challenged through the formal review process. However, you may still be eligible to apply for a hardship licence that permits driving for essential purposes such as work, school, and medical appointments. Contact Shepard Law to discuss your options.
Is the formal review hearing the same as the criminal DUI case?
No. They are separate proceedings. Winning the formal review hearing does not mean you win the criminal case — and losing it does not mean you will be convicted of DUI. The criminal case is decided in circuit or county court. The administrative process is decided by the DHSMV. Both require legal representation.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
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