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Steps To Waive Formal Review and Qualify for a Hardship License for First Offense DUI Cases.

If you were arrested for DUI, the officer likely seized your driver license and issued you a citation that includes a notice of administrative suspension. For a first offense DUI, the administrative suspension will be for 6-months if you had an unlawful breath or blood alcohol level (.08 or more), or 12-months if you refused to submit to a test. The suspension is effective immediately; however, if “eligible for permit” is marked “yes” on the citation, then the citation will serve as a 10-day driving permit. 

Prior to the end of business on the 10th day following your arrest, you must: (a) demand a formal review hearing to challenge the administrative suspension (HSMV Form 78065); or, (b) waive the formal review hearing and qualify for a hardship license restricted to business purposes only (HSMV Form 72034). 

Always consult with an experienced DUI defense attorney before you waive or demand a formal review hearing.   In some cases, a driver may have a defense to invalidate the suspension or he/she may not qualify for a hardship license (due to a prior DUI related suspension, DUI with serious bodily injury, Commercial Driver License, etc.). 

A license restricted to business purposes only is limited to “any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.” Waiver of the formal review hearing means that you consent to the suspension.

In a formal review hearing, the hearing officer will determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. Common reasons to invalidate the suspension include: the stop was unlawful or lacked evidence, conflicting evidence or discrepancies, no or improper implied consent warning, no valid breath test or improper breath test procedures, missing or illegible evidentiary documents, and/or the arresting officer or breath test operator failed to appear.

A formal review hearing is statutorily limited to the following issues:

(a) If the license was suspended for driving with an unlawful blood or breath-alcohol level:

1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.

2. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in § 316.193.

(b)   If the license was suspended for refusal to submit to a breath, blood, or urine test:

1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances.

2. Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.

3. Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months.

If you demand a formal review hearing, the Bureau of Administrative Reviews will typically issue a 42-day driving permit pending the outcome of the hearing. If the suspension is invalidated, you will be able to reinstate your license pending the outcome of the criminal case. If the suspension is sustained, you will have to serve a “hard suspension” with no driving before you can apply for a hardship license. The period of no driving is 30-days if you had an unlawful breath or blood alcohol level (.08 or more), or 90-days if you refused a breath/blood/urine test. 

To obtain a hardship license without serving a “hard suspension” (no driving for 30 or 90 days), you must: (1) enroll in the Alcohol Safety Education Course (Level 1) at the Northeast Florida Safety Council; (2) submit the required paperwork and fee to the Bureau of Administrative Reviews; and (3) reinstate your driver license to “business purposes only.” Each step must be completed in order and before the end of the 10th day following your arrest. 

SAINT JOHNS COUNTY TAX COLLECTOR

You will need a government issued photo ID to enroll in Level 1. If you do not have a valid passport or military ID, you can obtain a Florida ID Card at the Tax Collectors Office for approximately $25.00.

  • Saint Johns County Tax Collector, 4030 Lewis Speedway, Saint Augustine, FL 32084
  • Phone: (904) 209-2250
  • Hours: Monday to Friday, 8:30 am – 5:00 pm

NORTHEAST FLORIDA SAFETY COUNCIL

Once you have a photo ID, you must enroll in the Alcohol Safety Education Course (Level 1). The course must be taken in the county where you live, work, or attend school. The approved course provider for Saint Johns and Duval county is the Northeast Florida Safety Council. 

Level 1 is a 12-hour course required for first offense DUI arrests (Cost: $335.00). The course includes a required substance abuse evaluation, and completion of any recommended treatment. Referrals to a treatment provider will be made for persons meeting criteria for mandatory referral (prior DUI arrests, test results over .15, minor present in vehicle, and/or DUI with property damage). 

If you have a prior DUI, you must take the Level 2. Level 2 is a 21-hour course plus evaluation and treatment (Cost: $495.00). If you have a prior administrative suspension for DUI, you are not eligible to waive a formal review hearing and thereby avoid the “hard suspension.” 

Duval County Location

  • Address: Northeast Florida Safety Council, 1725 Art Museum Drive, Jacksonville, FL 32207
  • Phone: (904) 399-3119, ext. 1
  • DUI Registration Hours: Monday to Friday, 8:00 am – 3:45 pm

Saint Johns County Location

  • Address: Northeast Florida Safety Council, 3670 U.S. 1 South, Suite 280, Saint Augustine, FL 32086
  • Phone: (904) 794-1616
  • DUI Registration Hours: Monday to Thursday, 8:00 am – 5:00 pm (Closed Friday!)
    • Closed for lunch from 12:30 pm – 1:00 pm

You must register in person and you must bring the following with you:

  • Photo Identification: If the DUI was received on a Florida driver license you must have a state issued Florida ID Card, or a valid, current, government issued U.S. Passport or Military ID with photo and verified address that you reside in Saint Johns or Duval county. 
  • Proof of Residency: If your ID does not include an address, then you must provide proof of employment (pay stub, etc.) or residence or school for one of the above counties. 
  • Required paperwork: Citation for DUI, arrest report, alcohol test affidavit or affidavit of refusal to submit.

BUREAU OF ADMINISTRATIVE REVIEWS – FLORIDA DEPARTMENT OF HIGHWAY & SAFETY MOTOR VEHICLES 

After you have enrolled in Level 1, you must file a “request for eligibility review and waiver of formal review” at the Bureau of Administrative Reviews (Form 72034). This must be done within 10 days of your arrest for DUI. You can submit the form by hand-delivery, fax, or email. You must also file the DUI citation, and proof of enrollment in Level 1 (the receipt and course schedule). Once the request is processed, a hearing officer will call you to collect the $25.00 filing fee and then they conduct the hearing by phone (usually within 1-2 business days). 

REQUEST FOR ELIGIBILITY REVIEW AND WAIVER OF FORMAL REVIEW – Form HSMV 72034 (revised 12/2019)

  • Address: Bureau of Administrative Reviews, 7439 Wilson Blvd., Jacksonville, FL 32210
  • Phone: (904) 777-2132, ext. 3
  • Fax: (904) 777-2133
  • Email: JacksonvilleBAR@flhsmv.gov
  • Hours: Monday – Friday, 8:00 am – 5:00 pm

After the hearing, if you are approved for a hardship license, you must return to the Tax Collectors Office and reinstate your license to “business purposes only.” The reinstatement fee is approximately $225. 

See Florida Statute § 322.2615, § 322.271(7), § 322.64 for more information. 

Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.