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Florida DUI Administrative Suspension Law

Under Florida Statute 322.2615, an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or a refusal to submit to a breath, blood or urine test will result in an immediate administrative suspension of the driving privilege.

For any person arrested for DUI in Tampa or Hillsborough County will be taken to Central Breath Testing (CBT). CBT is a facility located inside the Hillsborough County Orient Road Jail where breath-alcohol tests are administered.

In some cases, after an arrested in Hillsborough County, a breath-alcohol test might be administered in a mobile facility called a BAT. The BAT mobile unit is often used during checkpoints and saturation patrols where a larger number of arrests are expected near a single location.

After the administrative suspension takes effect (usually on the day of the arrest), the driver only has 10 days to demand the formal review hearing. In many of these cases, the driver will hire a DUI defense attorney who will file the demand for a formal review hearing with the appropriate Bureau of Administrative Review (BAR) of the Florida Department of Highway (DHSMV).

Call a DUI defense attorney in Tampa, FL, at the Sammis Law Firm to discuss ways to fight your administrative suspension. Call 813-250-0500. 

Bureau of Administrative Review (BAR)

The Bureau of Administrative Reviews (BAR) is made up of senior clerks, field hearing officers. field supervisors, program managers, support staff and regulatory program specialists. The Bureau of Administrative Reviews (BAR) is composed of offices located throughout the state of Florida. The Bureau is divided into three regions. Each region is comprised of a number of permanent offices. Some regions also contain satellite offices that are staffed at various days and hours. The major

Each region is comprised of a number of permanent offices. Some regions also contain satellite offices that are staffed at various days and hours. The major responsibility of the BAR is to conduct administrative hearings, review hearings and investigations for driver license issues along with business license revocation hearings.

The three BAR regions are structured into Region I, Region II, and Region III. The Tampa and Clearwater offices are included within Region II.

Hearing Officers for the Florida BAR

A hearing officer working for the Bureau of Administrative Reviews (BAR) conducts hearings as assigned and may attend to the administrative functions including filing, customer interaction and scheduling along with any additional assigned tasks. To this end, the following list details some of the actions a hearing officer may be required to undertake:

  1. using computers to research case history and provide accurate information;
  2. conduct administrative reviews and hearings in accordance with applicable statutes, rules, and procedures;
  3. document and justify decisions for possible review by the courts;
  4. prepare disposition orders, reports, and correspondence;
  5. update driver records using the correct codes by the end of the business day;
  6. ensure all hearings and reviews are completed within required time guidelines;
  7. comply with filing and recordkeeping requirements set for by the Bureau of Administrative Reviews;
  8. review, stay familiar with and utilize all current reference material, including but not limited to bulletins, statutes, rules and manuals;
  9. ensuring digital recording devices are operable daily;
  10. ensure all necessary reports are completed and submitted as required;
  11. conduct all assigned investigations in accordance with current procedures;
  12. report any unusual occurrences to their supervisor as soon as possible; and
  13. maintain any state equipment assigned for their use in accordance with current policies.

Forms Used in Florida for the DUI Administrative Suspension

After the DUI arrest, the arresting officer must fill out several documents related to the administrative suspension including:

  • D.U.I. Driver’s License Administrative Suspension Checklist - the checklist is completed by the arresting officer to show that all required documents have been completed and included in the DUI administrative suspension package. (Form TPD 5).
  • Florida DUI Uniform Traffic Citation - the citation is used exclusively for DUI offenses with an alcohol level of .08 or above or for refusing to submit to breath, blood, or urine tests. The Florida DUI UTC also operates as the notice of the administrative suspension.
  • Criminal Report Affidavit (CRA) - A charging document for criminal violations. (Form SAO 425).
  • CBTU Refusal Affidavit - this form is completed by the Breath Test Operator when a subject refuses to submit to a breath test. The document verifies that a properly operational breath test instrument and Breath Test Operator were available at CBT. The form is retained by CBT. (Form HCSO 5224).
  • Alcohol/Drug Influence Attachment (TPD 312) - this form is used to assist officers in recording data pertaining to all D.U.I. investigations.
  • Breath Test Operator - this form shows that a person qualified to administer a breath test utilizing an approved instrument according to FDLE standards.
  • Breath Alcohol Test Affidavit - this form shows the breath-alcohol test results and the FDLE certification for the Breath Test Operator. (Form FDLE 38).
  • Breath Alcohol Analysis Report - this form documents the 20-minute observation period and other statistical data. This form confirms that the subject did not take anything orally and did not regurgitate during the observation time. (Form HCSO 5730).
  • Affidavit of Refusal to Submit to Breath, Urine or Blood Test - the affidavit of refusal is a form that documents the issuance of the “Implied Consent Warning” to the subject who allegedly refuses to submit to chemical tests for alcohol or controlled substances. (Form DHSMV 78054).

Resources on Florida's Administrative Suspensions

Florida's DUI Administrative Suspensions - Read more from the Florida Department of Highway Safety and Motor Vehicle (DHSMV) website about the laws that govern the administrative suspension. Find information on the administrative suspension of persons under the age of 21 for driving with an alcohol level of .02 or above, administrative disqualification laws, and information on the penalties imposed under Florida Statute Section 322.2615, 316.193, 316.1932.

Finding a DUI Attorney for the Administrative Suspension

If you were arrested for DUI in Hillsborough County, FL, then you need an attorney to help you fight the DUI administrative suspension of your driver's license. Your attorney can demand a formal review hearing with the Bureau of Administrative Review office to contest the suspension.

Your attorney can also help you demand a 42 day permit so that you can continue driving while your attorney fights the suspension.

Call the attorneys at Sammis Law Firm to discuss ways to protect your driver's license by demanding a formal review hearing o contest the administrative suspension. Call (813) 250-0500 today to discuss your case.

This article was last updated on Friday, June 23, 2017.