Florida’s Waiver Review VS Formal Administrative Review For DUI Driving Privileges

The process to get a hardship driving permit after a DUI arrest in Okaloosa County and Walton County has become more streamlined in recent months. As the DMV has tried to deter the more adversarial formal hearing process, by incentivizing the “waiver review” pathway to a hardship permit.

The waiver review process allows someone charged with a first offense DUI to get the permit without dealing with the “hard-no-drive” time period, which would normally be 30 days with an over-the-limit breath test result, and 90 days on a breath test refusal.

No “hard-no-drive” period on a first-offense DUI Breath Test Refusal case is quite an incentive, when the alternative is 3 months of no driving whatsoever.

For most of my clients, not being able to drive at all for 30 days, let alone 90 days is a real problem. And since the DMV formal hearing administrative review process is so biased and one-sided, I normally recommend the waiver review process, unless there is a technical issue or defense that presents itself during my review of the discovery that makes me believe we could prevail at the formal hearing, therefore invalidating the driver’s license suspension.

If you’ve been arrested for DUI in Okaloosa County or Walton County, Florida and need a hardship license to keep your job, give me a call at (850) 362-6655 to discuss your situation. The call is free.

 

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