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DUI Laws: License Review Hearings

Statute §322.2615: Right to Review the Suspension of a License

In the case of a DUI charge, a law enforcement officer has the right to suspend a driver's license in the instance that an individual is operating a motor vehicle with a blood alcohol concentration of .08% or higher, or if they refuse to submit to a urine, breath, or blood test. They would then issue the driver a temporary 10-day driving permit and notify the driver that their license has been suspended. In this case, the driver has the right to schedule either a formal or informal review of the suspension by the department, but must do so within 10 days of their notification.

If the driver requests a formal review, the department must schedule the hearing within 30 days of their request, or the suspension of their license will be disqualified. At this hearing, the driver must submit any materials that are relevant to the suspension, and their defense thereof. The hearing officer will then determine whether or not there is sufficient evidence to invalidate the suspension.

Factors to be included in the scope of the hearing

  • Whether the law enforcement officer had probable cause to believe that the driver was under the influence while driving
  • Whether the driver refused to submit to a sobriety test after being requested to do so
  • Whether the driver has an unlawful blood-alcohol level of .08% or higher
  • Whether the driver was informed of the consequences of refusing to submit to any sobriety test

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