DUI Defense and DHSMV Administrative Suspension Hearing Package — Florida

DUI DEFENSE AND DHSMV ADMINISTRATIVE HEARING PACKAGE — FLORIDA

TABLE OF CONTENTS

1. Case Intake and Critical Deadlines
2. DHSMV Formal Review Request
3. Demand for Discovery (Fla. R. Crim. P. 3.220)
4. Motion to Suppress (Fla. R. Crim. P. 3.190(h))
5. Application for Hardship License (Business/Employment Purpose Only)
6. Plea Negotiation and Sentencing Matrix Worksheet
7. Florida Implied Consent Law Summary
8. Practice Notes and Citations

1. CASE INTAKE AND CRITICAL DEADLINES

Client: [________________________________]
Florida DL Number: [________________________________]
Date of Arrest / Notice of Suspension: [__/__/____]
10-Day Election Deadline: [__/__/____]
Temporary Permit Expires (midnight 10th day): [__/__/____]
Arresting Agency: [________________________________]
Arresting Officer / Badge No.: [________________________________]
County of Arrest: [________________________________]
Court Case Number: [________________________________]

Charged Sections:

2. DHSMV FORMAL REVIEW REQUEST

[LAW FIRM LETTERHEAD]

[__/__/____]

VIA HAND DELIVERY AND CERTIFIED MAIL

Florida Department of Highway Safety and Motor Vehicles
Bureau of Administrative Reviews — [REGIONAL OFFICE]
[ADDRESS]

Dear Hearing Officer:

Pursuant to Fla. Stat. § 322.2615(1)(b)3 and Fla. Admin. Code Chapter 15A-6, the above-named driver, by undersigned counsel and within 10 days of the issuance of the Notice of Suspension, hereby ELECTS:

☐ FORMAL REVIEW (with right to subpoena witnesses, present evidence, and cross-examine);
☐ INFORMAL REVIEW (paper review by Hearing Officer);
☐ § 322.271(7) HARDSHIP LICENSE (waives formal/informal review — first offenders only).

The driver requests the following:

1. Issuance of Business-Purpose-Only Temporary Driving Permit for the duration of the administrative review period pursuant to § 322.2615(1)(b)5 / § 322.271(7).

2. Subpoena Issuance. Please issue subpoenas duces tecum and ad testificandum for:

☐ The arresting officer;
☐ The Breath Test Operator;
☐ The Agency Inspector for the Intoxilyzer 8000 instrument;
☐ The Phlebotomist or blood-draw nurse (if blood test);
☐ The FDLE Crime Laboratory Analyst;
☐ Custodian of Records — police agency dispatch/CAD/MVR/BWC.

3. Demand for Materials in Hearing File. Pursuant to Fla. Admin. Code Rule 15A-6.013:

☐ Florida Uniform Traffic Citation (DUI);
☐ DUI Probable Cause Affidavit;
☐ Officer's Sworn Report (HSMV 78054) and Notice of Suspension;
☐ Breath Alcohol Test Affidavit (HSMV 75065);
☐ Intoxilyzer 8000 instrument inspection records (Department, Agency, Quarterly);
☐ Breath Test Operator permit and FDLE/ATP training records;
☐ All offense, arrest, and incident reports;
☐ MVR / BWC / station video;
☐ Refusal Affidavit (if applicable) with verbatim implied-consent warning;
☐ Blood-draw chain of custody, kit certifications, lab records (if applicable).

4. Issues at Hearing. The driver reserves all defenses, including:

• Whether the arresting law enforcement officer had probable cause to believe the driver was in violation of § 316.193;
• Whether the driver was placed under lawful arrest;
• Whether the driver refused chemical testing after being informed that refusal would result in suspension (refusal cases);
• Whether the driver had an unlawful blood-alcohol or breath-alcohol level of .08 or higher (failed-test cases);
• Compliance of the Intoxilyzer 8000 with Fla. Admin. Code Chapter 11D-8.

Respectfully submitted,

[ATTORNEY NAME], FBN [________]
[FIRM NAME]
[ADDRESS]
[TELEPHONE] | [EMAIL]

3. DEMAND FOR DISCOVERY (Fla. R. Crim. P. 3.220)

IN THE COUNTY/CIRCUIT COURT OF THE [_____] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA

NOTICE OF DISCOVERY AND DEMAND FOR DISCLOSURE
(Fla. R. Crim. P. 3.220(b))

Defendant, by undersigned counsel, hereby elects to participate in Discovery and demands that the State produce within fifteen (15) days the materials and information described in Rule 3.220(b)(1), including:

1. Witnesses. Names, addresses, and statements (Category A, B, C) of all witnesses, including arresting/back-up officers, breath-test operators, agency inspectors, FDLE lab personnel, EMS/medical personnel, and any civilian witness.

2. Statements by Defendant, recorded or unrecorded, in custody or out, including station-house and roadside video/audio.

3. Police Reports — arrest reports, supplemental reports, DUI investigative report, alcohol influence report, breath test affidavit, and any agency-specific DUI worksheet.

4. Video / Audio — all MVR (in-car), BWC (body-worn), station, jail, and Intoxilyzer-room recordings; CAD/dispatch audio.

5. Field Sobriety Tests — officer NHTSA SFST certification and training records.

6. Breath Testing (Intoxilyzer 8000):
   - Test record card / agency inspection record;
   - Department Inspection (monthly) and Agency Inspection (most recent);
   - 20-minute observation period documentation;
   - Operator permit and training under FDLE/ATP rules (Fla. Admin. Code Ch. 11D-8);
   - Reference solution lot certifications.

7. Blood Testing (if applicable):
   - Search warrant or consent / implied-consent triggers under § 316.1933;
   - Phlebotomist/nurse credentials;
   - Chain of custody;
   - FDLE/private laboratory analytical report with chromatograms and analyst notes.

8. Refusal Evidence — verbatim implied-consent warning, time of each request, video of refusal.

9. Tangible Items — any physical evidence the State intends to introduce.

10. Brady / Giglio — All exculpatory evidence and impeachment material concerning any State witness, including disciplinary records, complaints, and findings of dishonesty.

11. Expert Disclosures — names, qualifications, opinions, and reports.

Defendant acknowledges the reciprocal duty under Rule 3.220(d) and asserts the continuing duty to disclose under Rule 3.220(j).

Date: [__/__/____]

[ATTORNEY NAME], FBN [________]
Attorney for Defendant

4. MOTION TO SUPPRESS (Fla. R. Crim. P. 3.190(h))

DEFENDANT'S SWORN MOTION TO SUPPRESS EVIDENCE

Defendant [NAME], by undersigned counsel, moves pursuant to Fla. R. Crim. P. 3.190(h); the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; and Article I, §§ 9, 12, and 16 of the Florida Constitution, to suppress the following:

4.1 Items Sought to Be Suppressed

☐ All evidence and observations from the traffic stop on [__/__/____];
☐ All field-sobriety-test observations;
☐ All statements by Defendant;
☐ The Intoxilyzer 8000 / breath test result;
☐ The blood test result;
☐ All evidence of refusal.

4.2 Grounds — Stop, Detention, Arrest

4.2.1. The arresting officer lacked founded/reasonable suspicion under Popple v. State, 626 So. 2d 185 (Fla. 1993), and State v. Taylor, 648 So. 2d 701 (Fla. 1995). The stated basis — [DESCRIBE] — is insufficient.

4.2.2. The stop was unlawfully prolonged beyond the traffic mission under Rodriguez v. United States, 575 U.S. 348 (2015), and Whitfield v. State, 33 So. 3d 787 (Fla. 5th DCA 2010).

4.2.3. The officer lacked probable cause to arrest under State v. Kliphouse, 771 So. 2d 16 (Fla. 4th DCA 2000).

4.3 Grounds — Statements

Custodial statements were obtained without proper Miranda v. Arizona, 384 U.S. 436 (1966), warnings; roadside questioning became custodial under Berkemer v. McCarty, 468 U.S. 420 (1984).

4.4 Grounds — Breath Test

4.4.1. 20-minute observation period violation — Fla. Admin. Code Rule 11D-8.007(3); State v. Donaldson, 579 So. 2d 728 (Fla. 1991).

4.4.2. Instrument compliance — Intoxilyzer 8000 failed monthly Agency Inspection or Department Inspection; reference solution failures; out-of-tolerance results.

4.4.3. Operator certification lapsed or insufficient under FDLE Alcohol Testing Program rules.

4.4.4. Defective implied-consent warning — failed to advise that refusal would result in suspension and is admissible.

4.5 Grounds — Blood Test

4.5.1. No warrant or valid consent — Missouri v. McNeely, 569 U.S. 141 (2013); State v. Liles, 191 So. 3d 484 (Fla. 5th DCA 2016).

4.5.2. § 316.1933 not triggered — no death or serious bodily injury.

4.5.3. Birchfield v. North Dakota, 579 U.S. 438 (2016) — Cannot criminalize blood refusal absent warrant.

4.6 Refusal Suppression

The refusal warning under § 316.1932(1)(a)(1)(a) was incomplete, inaccurate, or given in a manner the Defendant could not comprehend. Suppress all evidence of refusal.

4.7 Relief Requested

Defendant requests that the Court schedule an evidentiary hearing, conduct an in-camera inspection where appropriate, and enter an Order suppressing all of the above evidence.

Sworn this [____] day of [_____________], [____].

[DEFENDANT SIGNATURE]

State of Florida, County of [____________]
Sworn to and subscribed before me by [DEFENDANT NAME], known to me or who produced [ID] as identification, this [____] day of [_____________], [____].
[NOTARY]

[ATTORNEY NAME], FBN [________]
Attorney for Defendant

5. APPLICATION FOR HARDSHIP LICENSE (BUSINESS/EMPLOYMENT PURPOSE ONLY)

Florida Department of Highway Safety and Motor Vehicles
Bureau of Administrative Reviews

APPLICATION FOR RESTRICTED DRIVING PRIVILEGE — § 322.271

Applicant Information:

5.1. Type of Restriction Requested:

5.2. § 322.271(7) "Bolt-On" Hardship (First-Offender Path).

Applicant represents:

☐ Applicant has NEVER previously had a driver license suspended under § 322.2615;
☐ Applicant has NEVER been disqualified under § 322.64;
☐ Applicant has NEVER been convicted of § 316.193;
☐ Applicant accepts this restricted privilege and WAIVES formal and informal review under § 322.2615.

5.3. DUI Program Enrollment. Applicant has enrolled in a Department-approved DUI program / Level I or Level II substance abuse education course conducted by [PROVIDER]. Enrollment certificate attached.

5.4. Hardship Statement. Suspension of Applicant's driving privilege would cause serious hardship and preclude Applicant from carrying out his or her normal occupation, trade, or employment, as detailed in the attached declaration.

5.5. Insurance. Applicant will maintain SR-22 / FR-44 financial responsibility insurance under § 324.131 with [INSURER], policy no. [____].

5.6. Ignition Interlock Device (if required). Applicant has installed / will install a Department-approved IID on each vehicle owned/operated under § 322.2715.

Date: [__/__/____]

Applicant Signature: [________________________________]

Attorney: [ATTORNEY NAME], FBN [________]

6. PLEA NEGOTIATION AND SENTENCING MATRIX WORKSHEET

6.1 First DUI — § 316.193

6.2 Second DUI — § 316.193(2)(b)

6.3 Third DUI

6.4 Fourth or Subsequent DUI

Permanent felony 3rd-degree; permanent license revocation (eligible for hardship after 5 years sober).

6.5 DUI With Serious Bodily Injury / Manslaughter

6.6 Plea Alternatives

6.7 Collateral Issues Checklist

☐ CDL holder — 1-year disqualification (lifetime second); CDL holders cannot use hardship license for commercial vehicle
☐ § 316.656 — DUI conviction may NOT be withheld
☐ Insurance: FR-44 financial responsibility required, double minimums for 3 years post-conviction
☐ Immigration consequences — single DUI generally not CIMT but DUI w/ injury or BUI may have consequences
☐ Professional licensing reporting (Florida Bar, Dept. of Health, etc.)
☐ Florida Crash Report Privilege (§ 316.066(4))
☐ Sealing/expungement NOT available for DUI under § 943.0584(2)
☐ § 322.2616 — under-21 BAC ≥ .02 admin suspension (independent of criminal)

7. FLORIDA IMPLIED CONSENT LAW SUMMARY

7.1 Statutory Framework

7.2 Officer's Mandatory Implied-Consent Warning

7.3 Sanctions on Refusal / Failed Test

7.4 Critical Cases

• Missouri v. McNeely, 569 U.S. 141 (2013) — Natural metabolism not per se exigency.
• Birchfield v. North Dakota, 579 U.S. 438 (2016) — Cannot criminalize blood-draw refusal absent warrant.
• State v. Liles, 191 So. 3d 484 (Fla. 5th DCA 2016) — Applies Birchfield to Florida § 316.1939.
• Popple v. State, 626 So. 2d 185 (Fla. 1993) — Reasonable-suspicion standard for stops.
• State v. Donaldson, 579 So. 2d 728 (Fla. 1991) — 20-minute observation period.

8. PRACTICE NOTES AND CITATIONS

8.1 The 10-Day Election

The single most consequential post-arrest decision is the 10-day election. The three options:

8.2 Hard Suspension Periods (No-Driving Period Before BPO Available)

8.3 Two-Layer License Suspension

Florida imposes both an administrative suspension under § 322.2615 (immediate) and a judicial revocation under § 322.28 upon conviction. The two run consecutively where time has not already been served.

8.4 Intoxilyzer 8000 Specific Challenges

• Agency Inspection failures — Fla. Admin. Code 11D-8.006
• 20-minute observation — Donaldson rule
• Operator permit lapse — Ch. 11D-8.008
• Bordering breath sample disparity — Ch. 11D-8.002(13)
• Department Inspection records — typically obtained through DHSMV public records

8.5 Sources and References

• Florida DHSMV DUI page: https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/
• Fla. Admin. Code Chapter 11D-8 (Breath Testing — FDLE Alcohol Testing Program)
• Fla. Admin. Code Chapter 15A-6 (Implied Consent Hearings)
• Florida DUI Defense Manual (current edition)
• NHTSA SFST Instructor Guide

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