Understanding Your Driving Privileges After a Florida DUI Arrest

Getting arrested for driving under the influence (DUI) in Florida is an overwhelming experience, and one of the first questions many people ask is, “Can I still drive?” The answer depends on several factors, including the circumstances of your arrest and whether you take swift action to protect your driving privileges. Florida law has strict rules for DUI cases, and understanding them is essential to safeguarding your rights.

What Is a DUI in Florida?

Driving under the influence, as defined under Florida Statutes § 316.193, occurs when a person is operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or is impaired by alcohol, drugs, or controlled substances to the extent that normal faculties are affected. This includes illegal drugs, prescription medications, and over-the-counter substances that cause impairment.

DUI arrests can result from various situations, such as a routine traffic stop, a DUI checkpoint, or a crash investigation. Regardless of how the arrest occurs, it triggers both criminal proceedings and administrative penalties that impact your ability to drive.

Can You Drive After a DUI Arrest?

Florida’s Implied Consent Law under Florida Statutes § 316.1932 states that by operating a vehicle, you agree to submit to chemical testing if law enforcement has probable cause to suspect you’re impaired. Refusing a breath, blood, or urine test results in an automatic suspension of your driver’s license.

10-Day Rule for Driving Privileges

After a DUI arrest, your driver’s license is typically confiscated, and you are issued a 10-day temporary driving permit. During this time, you can still drive for limited purposes, such as going to work or school. However, once those 10 days pass, your license is automatically suspended unless you request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

Administrative License Suspensions

The suspension of your license depends on whether you submitted to or refused chemical testing:

  • Failed Breath Test (BAC 0.08% or Higher):

    • First offense: 6-month suspension.
    • Second or subsequent offense: Longer suspension periods apply.

  • Refused Chemical Test:

    • First offense: 1-year suspension.
    • Second or subsequent offense: 18-month suspension plus a potential misdemeanor charge.

These administrative penalties are separate from the criminal DUI case, meaning you could face additional consequences if convicted.

How to Protect Your Driving Privileges

The most critical step after a DUI arrest is requesting a DHSMV hearing within 10 days. This hearing allows you to contest the administrative suspension of your license and potentially secure a hardship license, which permits limited driving.

During the hearing, we can challenge:

  • Whether the officer had probable cause to stop you.
  • Whether the arresting officer followed proper procedures.
  • The accuracy and reliability of breath, blood, or urine test results.

A successful hearing could restore your driving privileges or allow you to obtain a hardship license sooner.

Best Defenses Against DUI Allegations

Defending against a DUI charge requires examining every aspect of your case. Here are some common defenses we use:

Lack of Probable Cause

Law enforcement must have a valid reason to stop your vehicle, such as observing erratic driving or another traffic violation. If the stop was unlawful, any evidence collected may be inadmissible.

Faulty Field Sobriety Tests

Field sobriety tests are subjective and prone to errors. Factors like uneven pavement, poor lighting, or medical conditions can affect your performance and lead to false conclusions.

Breathalyzer or Blood Test Errors

Breathalyzer machines must be properly calibrated and maintained. Inaccurate readings due to equipment malfunctions or improper handling can weaken the prosecution’s case. Similarly, blood tests must follow strict chain-of-custody protocols to ensure the sample wasn’t contaminated.

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. If you were tested long after driving, your BAC might appear higher than it was while you were operating the vehicle. This can be a valid defense in certain cases.

Medical Conditions or Prescription Medications

Conditions like diabetes, GERD, or neurological issues can mimic signs of impairment. Prescription medications, when combined with alcohol, may also give the appearance of intoxication without evidence of wrongdoing.

Criminal Penalties for a DUI Conviction in Florida

If convicted of DUI, the penalties vary based on factors such as prior offenses, BAC levels, and whether there were aggravating circumstances like accidents or injuries.

First Offense

  • Fines: $500–$1,000 (higher if BAC exceeds 0.15% or a minor is in the vehicle).
  • License Suspension: 6 months.
  • Probation: Up to 1 year.
  • Jail Time: Up to 6 months.
  • DUI School and mandatory community service.

Second Offense

  • Fines: $1,000–$2,000.
  • License Suspension: Up to 5 years (if within 5 years of prior conviction).
  • Jail Time: Up to 9 months.

Third Offense (Within 10 Years)

  • Felony charges with significant fines, extended jail time, and long-term license suspension.

The Value of Retaining a Private Attorney

Facing a DUI charge without legal representation puts you at a significant disadvantage. Retaining an experienced DUI attorney can mean the difference between losing your driving privileges and maintaining some level of independence.

Personalized Defense Strategy

Every DUI case is unique. We analyze the details of your arrest, review police reports, and gather evidence to build a tailored defense strategy.

Advocacy at DHSMV Hearings

The administrative process can be overwhelming without legal guidance. We handle these hearings to protect your license and explore options for a hardship license.

Negotiation and Trial Representation

Whether it’s negotiating reduced charges or fighting your case in court, a private attorney brings experience, resources, and a focus on your best interests.

Florida DUI Driving FAQs

Can I drive immediately after a DUI arrest in Florida?
Yes, but only for 10 days if you were issued a temporary driving permit. During this time, you must request a DHSMV hearing to contest your license suspension or apply for a hardship license.

What is the 10-day rule after a DUI arrest?
The 10-day rule refers to the period you have to request a hearing with the DHSMV to challenge the administrative suspension of your license. If you don’t act within this timeframe, your suspension becomes automatic.

Can I refuse a breath test and still keep my license?
Refusing a breath test triggers an automatic suspension under Florida’s Implied Consent Law. A first refusal results in a one-year suspension, while a second refusal leads to an 18-month suspension and potential criminal charges.

What is a hardship license, and how can I get one?
A hardship license allows limited driving for essential purposes, such as work or school. You must complete DUI school and meet other requirements to qualify for one after a DUI-related suspension.

Are DUI penalties in Florida harsher for repeat offenders?
Yes. Penalties increase significantly for repeat offenses, including higher fines, longer license suspensions, and potential felony charges.

What happens if I lose the DHSMV hearing?
If you lose the hearing, your license suspension will remain in effect. However, you may still apply for a hardship license if eligible.

How does the rising blood alcohol defense work?
This defense argues that your BAC was below the legal limit while driving but rose above it by the time you were tested. It’s often used when there’s a delay between driving and chemical testing.

Why is it important to hire a private DUI attorney?
An experienced attorney can challenge evidence, advocate for reduced penalties, and represent you in both criminal and administrative proceedings. This increases your chances of protecting your driving privileges and minimizing the impact of a DUI charge.

Can a DUI conviction affect my job?
Yes. Many employers conduct background checks, and a DUI conviction could impact your ability to hold certain positions or maintain professional licenses.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.