What Is a Formal Review Hearing After a Florida DUI?

A Florida DUI arrest can start two separate tracks at the same time: a criminal case in county or circuit court, and an administrative driver-license case handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The formal review hearing belongs to the second track. It exists so a driver can ask FLHSMV to examine whether the suspension was properly imposed under section 322.2615, Florida Statutes.

01Quick Answer: What Is a Florida DUI Formal Review Hearing?

A formal review hearing is an administrative hearing before an FLHSMV hearing officer that reviews whether a DUI-related suspension of driving privileges was lawfully entered. It is requested through FLHSMV using the Application for Formal or Informal Review (form 78065), it is limited to the issues the statute identifies, and it is decided on the administrative record rather than by a judge or jury. Whether a formal review is the right step in a particular case depends on the driver's history, the notice issued, and the facts of the stop and testing.

02The 10-Day Request Period

When a suspension is issued after a breath, blood, or urine test result at or above the statutory level, or after a refusal, the driver receives a notice of suspension. Section 322.2615, Florida Statutes sets the period for requesting review, which is generally 10 days from the date the notice is issued. FLHSMV describes the same administrative process in its overview of Florida DUI and administrative suspension laws.

Because the same short window is also relevant to the Florida DUI hardship-license process, the two decisions are usually considered together rather than separately.

03What the Hearing Officer Reviews

The scope of a formal review is defined by statute, not by the parties. Depending on whether the suspension followed a test result or a refusal, the issues identified in section 322.2615 generally concern matters such as:

• Whether the driver was lawfully arrested for a DUI-related offense.
• Whether the driver's blood- or breath-alcohol level was at or above the level stated in the statute, in a test-result case.
• Whether the driver refused a lawful request to submit to testing, in a refusal case.
• Whether the driver was told that refusing would result in a suspension, in a refusal case.

A formal review is a documentary and testimonial proceeding: the hearing officer considers the materials submitted by law enforcement and any evidence or witness testimony properly presented. What that record contains varies from case to case, which is one reason a defense lawyer reads the administrative packet alongside the criminal discovery. That review overlaps with how Sabrina examines a DUI file.

04Formal Review and Informal Review Are Not the Same

FLHSMV offers both formal and informal review, and the same application form is used to request either one. An informal review is decided on the documents alone. A formal review is scheduled as a hearing, where subpoenas may be sought and testimony may be taken. The choice affects what can be developed on the record, and it is a case-specific decision rather than a default.

05What Can Happen After the Review

A formal review ends with an administrative decision. The hearing officer may sustain the suspension, or may invalidate it if the statutory findings are not supported. No outcome is guaranteed, and a favorable administrative decision does not resolve the criminal charge — the criminal case follows its own schedule, as described in what happens after a Florida DUI arrest.

06Formal Review Hearing vs. Hardship License

These are different requests with different purposes. A formal review challenges whether the suspension was lawfully imposed. A hardship license asks FLHSMV for limited driving privileges during a suspension under section 322.271, Florida Statutes. Eligibility rules, waiting periods, and program requirements for the hardship route are set out in the Florida DUI hardship-license process article, and pursuing one route can affect the other. Which sequence fits a specific case depends on the driver's record and the notice issued.

Florida law applies statewide; The DUI Gyal is based in Orlando and serves the verified footprint shown on /service-areas.