URGENT: The 10-Day Rule
You have exactly 10 calendar days (including weekends and holidays) from the date of your DUI ticket to take action. You must either request or waive an administrative license suspension hearing.
-
Failure to act: Your Florida driving privilege will be automatically suspended by the FL DHSMV on the 10th day.
-
Refusal of Tests: If you refused a breath, blood, or urine test, you will face a "hard suspension" for 12 months.
-
Note: This administrative suspension is separate from any suspension resulting from a DUI conviction.
To request a Formal Review Hearing in Florida and challenge your administrative license suspension, you must submit specific documentation to the Bureau of Administrative Reviews (BAR) within 10 calendar days of your arrest.
The following checklist outlines the essential documents and fees required for this process:
1. Initial Filing Requirements (Within 10 Days)
-
Application for Formal/Informal Review (Form HSMV 78065): This is the primary form used to request a hearing to contest the suspension.
-
Copy of the DUI Citation: A legible copy of your citation must be included, as it serves as the official notice of suspension.
-
$25.00 Filing Fee: A check or money order made payable to the Division of Motorist Services (DDL).
-
Personal Identification Information: Ensure the request includes your full name, mailing address, date of birth, and driver's license number.
- Proof of DUI School Enrollment: You must provide evidence that you have enrolled in (or completed) an approved DUI substance abuse education course to be eligible for hardship reinstatement.
2. Prehearing & Hardship License Documents
Once your hearing is requested, additional paperwork is often required to secure driving privileges or prepare for the review:
-
Driver's Prehearing Statement: Must be submitted within 10 days after receiving your hearing notice; it identifies witnesses you intend to call and documents you wish to subpoena.
-
Hardship License Application (Form HSMV 78306): If you are seeking a "Business Purposes Only" license instead of a formal review, or after certain suspension periods, this separate application is required.
-
Proof of DUI School Enrollment: You must provide evidence that you have enrolled in (or completed) an approved DUI substance abuse education course to be eligible for hardship reinstatement.
3. Evidence for the Hearing (Optional/Attorney-Led)
At a formal review, the hearing officer examines the "evidence packet" submitted by law enforcement. You or your attorney may also subpoena additional records:
-
Criminal Report Affidavit: The officer's narrative of the arrest.
-
Breath Alcohol Test Affidavit: Documents the results and procedures of any breath tests.
-
Refusal Affidavit (Form HSMV 78054): If applicable, this documents your refusal to submit to testing.
-
Video Evidence: You may subpoena dashcam or body-worn camera footage of the field sobriety exercises or the arrest.
