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Your Guide to the Orlando Bureau of Administrative Review (BAR)



Your Guide to the Orlando Bureau of Administrative Review (BAR)

The Orlando Bureau of Administrative Review (BAR) plays a crucial role in the administrative processes related to DUI cases and driver’s license suspensions. Understanding how the BAR operates can help you navigate the complexities of administrative hearings and license reinstatements.

Location and Contact Information for Orlando BAR

The Orlando BAR office is conveniently located at:

4101 Clarcona Ocoee Rd
Orlando, FL 32810

Phone: (407) 445-5581

Email: orlandobar@flhsmv.gov

For directions, click here.

Understanding the Administrative Hearing Process

After a DUI arrest, you have ten (10) calendar days to request a formal review hearing to contest the administrative suspension of your driver’s license. This hearing is your opportunity to challenge the suspension and potentially have it removed from your driving record.

Types of Hearings

  • Formal Review Hearings: These hearings allow you to contest the suspension with the presence of witnesses and legal counsel.
  • Informal Review Hearings: In these hearings, a hearing officer reviews all materials in your case file without the presence of witnesses.
  • Hardship Hearings: These hearings are for drivers seeking a business or employment-restricted license due to the hardship caused by the suspension.

Requesting the administrative suspension will also allow you to immediately obtain the 42-day driving permit so that you can continue driving for hardship purposes while the suspension is being contested.

Required Forms

Depending on the type of hearing, you may need to submit specific forms:

What is a Formal Review Hearing? A Formal Review Hearing is an administrative hearing where you can contest the suspension of your driver’s license, present evidence, and question witnesses.

The Orlando BAR handles cases from multiple counties including Orange, Seminole, Lake, Volusia, Osceola, and Brevard. It’s essential to act quickly and understand your options to effectively challenge your suspension.

For more information on how to navigate the administrative hearing process or to get assistance, consider consulting with an experienced DUI attorney who can guide you through each step.

Preparing for Your Administrative Hearing

Proper preparation is key to a successful administrative hearing. Here are some steps to help you get ready:

  • Gather Documentation: Collect all necessary documents, such as proof of enrollment in a DUI program, arrest reports, and any other relevant paperwork.
  • Consult with a DUI Attorney: An experienced attorney can help you understand your rights, the hearing process, and how best to present your case.
  • Prepare Your Case: Be ready to present your case effectively, including questioning witnesses if applicable. This may involve rehearsing your testimony and preparing any evidence you plan to submit.
  • Submit Required Forms: Ensure all required forms are completed and submitted on time. This includes forms for hardship requests, formal hearing requests, and review waivers.

What is the purpose of an administrative hearing? An administrative hearing allows you to contest the suspension of your driver’s license and present evidence to support your case.

Required Forms

Depending on the type of hearing, you may need to submit specific forms:

Your Guide to the Orlando Bureau of Administrative Review (BAR)

It is crucial to submit these forms promptly and accurately to avoid any delays in your hearing process. If you need assistance with these forms, consider consulting with a DUI attorney who can guide you through the process.

Gathering Evidence

Evidence plays a significant role in the outcome of your administrative hearing. Here are some types of evidence you may need:

  • Arrest Reports: These reports provide detailed information about the circumstances of your arrest.
  • Breathalyzer or Blood Test Results: These results can be critical in challenging the validity of your suspension.
  • Witness Statements: Statements from witnesses can support your version of events and challenge the prosecution’s case.
  • Medical Records: If you have any medical conditions that could have affected the results of your sobriety tests, these records can be crucial.

Properly organizing and presenting this evidence can significantly impact the outcome of your hearing. An experienced attorney can help you gather and present this evidence effectively.

Understanding the Hearing Process

The administrative hearing process can be daunting, but understanding what to expect can help you feel more prepared. Here’s a brief overview:

  1. Request the Hearing: Within ten (10) days of your DUI arrest, you must request a formal review hearing to contest the suspension of your driver’s license.
  2. Prepare Your Case: Gather all necessary documentation and evidence, and consult with a DUI attorney to prepare your case.
  3. Attend the Hearing: Present your case, including any evidence and witness testimony, to the hearing officer.
  4. Receive the Decision: After the hearing, the officer will review the evidence and issue a decision regarding your license suspension.

How long do I have to request an administrative hearing after a DUI arrest? You have ten (10) calendar days to file a request for a formal review hearing to contest the administrative suspension of your driver’s license.

By understanding and preparing for each step of the hearing process, you can increase your chances of a favorable outcome. If you need more information on the Orlando Bureau of Administrative Review, don’t hesitate to seek professional legal assistance.

Benefits of Contesting the Administrative Suspension

Challenging the administrative suspension of your driver’s license offers several significant benefits. Here are some of the key advantages:

  • Immediate Removal of Suspension: If the suspension is invalidated during the formal review hearing, it is immediately removed from your driving record.
  • Opportunity to Question Witnesses: You can question witnesses under oath, which can be beneficial for your criminal case.
  • Avoiding a 75-Year Record: Successfully contesting the suspension prevents it from remaining on your driving record for 75 years.

Why should you contest an administrative suspension? Contesting an administrative suspension can lead to its immediate removal from your driving record, provide an opportunity to question witnesses, and prevent a long-term record of the suspension.

Common Reasons for Winning a Formal Review Hearing

There are various reasons why a formal review hearing might result in a favorable outcome. Here are some common reasons:

  • Failure of the Arresting Officer or Breath Test Operator to Appear: If the arresting officer or breath test operator fails to appear at the hearing, it can lead to the suspension being invalidated.
  • Procedural Mistakes: Any procedural errors made during the arrest or the testing process can be grounds for invalidating the suspension.
  • Lack of Evidence: If there is insufficient evidence to support the suspension, it can be contested successfully.

Understanding these common reasons can help you prepare for your hearing. It’s crucial to work with an experienced DUI attorney who can identify and leverage these issues effectively.

Steps to Take if You Decide to Contest the Suspension

If you decide to contest the administrative suspension, here are some steps to follow:

  1. Request a Formal Review Hearing: File a request for a formal review hearing within ten (10) calendar days of your DUI arrest. This allows you to contest the suspension and obtain a temporary driving permit.
  2. Gather Evidence: Collect all necessary documentation and evidence, such as arrest reports, breathalyzer results, and witness statements.
  3. Consult with a DUI Attorney: An experienced attorney can help you prepare your case and represent you during the hearing.

By following these steps, you can increase your chances of successfully contesting the suspension. For more detailed guidance, check out our guide on DUI formal review hearings in Florida.

Having legal representation can significantly impact the outcome of your formal review hearing. Here are some reasons why it’s essential:

  • Expert Knowledge: DUI attorneys have extensive knowledge of the legal system and can identify procedural mistakes or lack of evidence that can be used to your advantage.
  • Effective Questioning: Attorneys can effectively question witnesses under oath, which can be crucial for your case.
  • Comprehensive Preparation: An attorney can help you gather and organize evidence, ensuring that your case is presented effectively.

For more information on how an attorney can help, visit our page on getting a BPO hardship license.

Potential Outcomes of the Formal Review Hearing

The outcome of your formal review hearing can vary based on the evidence presented and the arguments made. Here are some potential outcomes:

  • Suspension Invalidated: If the hearing officer finds that the suspension was invalid, it will be immediately removed from your driving record.
  • Suspension Upheld: If the suspension is upheld, it will remain on your driving record, and you may face additional penalties.
  • Temporary Permit Issued: While the suspension is being contested, you may be issued a temporary driving permit for hardship purposes.

Understanding these potential outcomes can help you prepare for the hearing and set realistic expectations. For more detailed information, check out our guide on fighting an administrative suspension in blood cases.

How can a DUI attorney assist in a formal review hearing? A DUI attorney can provide expert knowledge, effective questioning of witnesses, and comprehensive preparation to increase your chances of a favorable outcome.

By contesting the administrative suspension, you can protect your driving privileges and potentially avoid long-term consequences. For more information on your options, visit our page on license options after a DUI.


Alternative: Waiving Your Rights for an Immediate Hardship License

If you have no prior DUI arrests, you have the option to waive your rights and immediately obtain a hardship license. This allows you to continue driving for business purposes, but it comes with specific conditions and long-term consequences:

  • Permanent Record: The DUI suspension will remain on your driving record for 75 years.
  • Proof of Enrollment: You must appear at the Bureau of Administrative Review (BAR) office with proof of enrollment in a DUI school.
  • Filing Fee: Pay a $25.00 filing fee and comply with other statutory requirements.

What is a hardship license? A hardship license allows individuals to drive for business purposes only, despite having a suspended license due to a DUI.

Steps to Obtain a Hardship License

To request a hardship license, follow these steps:

  1. Complete and Submit Form 72034: This form requests a review of your record for the purpose of determining your eligibility for the immediate reinstatement of your driving privilege on a restricted basis.
  2. Provide Proof of Enrollment: You must provide proof of enrollment in a DUI program.
  3. Appear at the BAR Office: Bring all required documentation to the BAR office.

For a detailed guide on obtaining a hardship license, visit our page on getting a BPO hardship license.

Conditions and Limitations of a Hardship License

While a hardship license allows you to drive for business purposes, there are several conditions and limitations you must adhere to:

  • Restricted Use: The license is strictly for business purposes, such as commuting to work, school, or medical appointments.
  • Compliance with DUI Program: You must stay enrolled in and complete the DUI program.
  • Regular Monitoring: You may be subject to regular monitoring to ensure compliance with the terms of the hardship license.

Understanding these conditions is crucial to maintaining your hardship license. For more information, check out our page on license options after a DUI.

Benefits and Drawbacks of Waiving Your Rights

Deciding to waive your rights for an immediate hardship license comes with both benefits and drawbacks:

Benefits Drawbacks
Immediate driving privileges for business purposes DUI suspension remains on your record for 75 years
Avoids a 30 or 90-day hard suspension Must comply with DUI school and other statutory requirements
Allows you to maintain employment and attend necessary appointments Limited to driving for business purposes only

Weighing these benefits and drawbacks can help you make an informed decision. For more insights, read our comparison of hardship license vs. fighting the suspension.

Important Considerations Before Waiving Your Rights

Before deciding to waive your rights, consider the following:

  • Long-Term Consequences: The DUI suspension will remain on your driving record for 75 years, which can affect your insurance rates and employment opportunities.
  • Legal Advice: Consult with an experienced DUI attorney to understand the full implications of waiving your rights. This step is crucial to ensure you are making the best decision for your situation.
  • Eligibility Requirements: Ensure you meet all statutory eligibility requirements, including enrollment in a DUI school.

Why consult a DUI attorney? An experienced DUI attorney can provide crucial guidance on the implications of waiving your rights and help you navigate the complexities of obtaining a hardship license.

For more detailed advice, visit our guide on fighting an administrative suspension.

Final Thoughts on Waiving Your Rights

Waiving your rights to obtain an immediate hardship license is a significant decision that should not be taken lightly. While it provides immediate relief by allowing you to drive for business purposes, it also comes with long-term consequences that can impact various aspects of your life. Consulting with a DUI attorney can provide you with the necessary insights to make an informed decision. For more information on your options, visit our page on DUI formal review hearings.

Your Guide to the Orlando Bureau of Administrative Review (BAR)


Infographic depicting the words Your Guide to the Orlando Bureau of Administrative Review (BAR)


How do I request a formal review hearing at the Orlando BAR?

To request a formal review hearing at the Orlando Bureau of Administrative Review (BAR), you must submit an application within ten (10) calendar days of your DUI arrest. The application can be submitted electronically via email to orlandobar@flhsmv.gov. Make sure to complete and submit Form 78065 for the formal hearing request.

What documents do I need for a hardship license at the Orlando BAR?

To obtain a hardship license from the Orlando BAR, you need to provide several documents, including:

  • Proof of enrollment in a DUI school
  • Completed Form 72034
  • Payment of the $25.00 filing fee
  • Any other statutory requirements as specified by the BAR

What are the common reasons for winning a formal review hearing?

There are several common reasons for winning a formal review hearing, including:

  • The arresting officer or breath test operator fails to appear at the hearing
  • Procedural mistakes or lack of evidence
  • Errors in the arrest documentation

These factors can significantly impact the outcome of your hearing. For more details, visit our page on DUI formal review hearings.

How long does a DUI suspension stay on my record if I waive my rights?

If you waive your rights and obtain a hardship license, the DUI suspension will remain on your driving record for 75 years. This long-term consequence can affect your insurance rates and employment opportunities. For more information, read our comparison of hardship license vs. fighting the suspension.







Orlando Bureau of Administrative Review (BAR) Guide

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Your Guide to the Orlando Bureau of Administrative Review (BAR)

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