Understand the Legal Consequences of DUI Charges and License Suspension in Florida

Do You Automatically Lose Your License with a DUI in Florida?

Being charged with driving under the influence (DUI) in Florida comes with several significant legal ramifications, and one of the first concerns many of our clients have is what will happen to their driver’s license. It’s understandable. Losing the ability to drive can affect your ability to work, take care of your family, and maintain your daily life.

Florida law does impose an automatic license suspension for individuals charged with a DUI, but the details of that suspension depend on several factors. Today, we’re going to walk through the specific scenarios you may face after a DUI arrest and what options might be available to retain your driving privileges.

Florida’s Implied Consent Law and License Suspension

When you get a driver’s license in Florida, you agree to what’s known as “implied consent.” Under Florida Statute § 316.1932, this law means that by operating a vehicle on Florida’s roads, you consent to submit to breath, blood, or urine testing if law enforcement has probable cause to believe you’re driving under the influence of alcohol or drugs.

Refusing to take one of these tests can lead to an automatic driver’s license suspension. For a first refusal, your license will be suspended for one year. If you refuse again after a prior refusal, you face an 18-month suspension, and it becomes a misdemeanor offense, which can lead to additional penalties.

It’s important to note that this suspension occurs regardless of whether you’re ultimately convicted of DUI. The moment you refuse a chemical test, the suspension goes into effect, and you’ll need to take steps quickly to challenge that suspension if you want to maintain your driving privileges.

Administrative License Suspension vs. Criminal Penalties

A DUI arrest in Florida triggers two separate processes: an administrative suspension of your driver’s license and a potential criminal conviction with its own set of penalties. The administrative suspension begins automatically after you’re arrested for DUI and is enforced by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), not the criminal courts.

Upon being arrested for DUI, you’ll receive a notice that your license will be suspended in 10 days unless you request a formal or informal review hearing through the FLHSMV. The length of this suspension varies depending on whether you refused testing or submitted to testing and were found to be over the legal limit:

  • If you took a breathalyzer test and your blood alcohol content (BAC) was 0.08% or higher, your license will be suspended for six months for a first offense.
  • If you refused the chemical test, your license will be suspended for one year for a first offense.

For subsequent offenses, the penalties increase. But again, this administrative suspension is independent of any criminal penalties. Even if the criminal court later drops or reduces your charges, you could still be facing a suspension from the FLHSMV unless you act fast.

The 10-Day Rule: Protecting Your Driving Privileges

After a DUI arrest, you have only 10 days to request a hearing with the FLHSMV to contest the administrative suspension. If you fail to request this hearing within the 10-day period, your license will automatically be suspended.

At the hearing, which is known as a formal review hearing, you have the opportunity to present evidence and challenge the basis of your suspension. This might involve questioning whether law enforcement had probable cause for the stop or arrest or whether proper procedures were followed when administering the breathalyzer test.

If you succeed in this hearing, you may be able to have your license reinstated or obtain a business purposes only (BPO) license, which allows you to drive for work, school, or other essential purposes. If you lose the hearing, however, the suspension remains in place, and you’ll need to look into further options, such as applying for a hardship license.

Hardship License: Regaining Limited Driving Privileges

Losing your license for an extended period can create serious difficulties in your daily life. That’s why Florida allows drivers to apply for a hardship license in certain cases. This restricted license lets you drive to specific places, such as work, school, or medical appointments.

The process for obtaining a hardship license depends on whether your suspension is for a refusal to take a chemical test or for a failed breathalyzer.

  • For a first-time DUI offender, if your license was suspended because your BAC was over 0.08%, you can apply for a hardship license immediately after the 30-day “hard suspension” period has passed.
  • If your license was suspended due to a refusal, you’ll have to wait 90 days before applying for a hardship license.

You’ll also be required to complete a DUI program before being granted a hardship license, and you may need to install an ignition interlock device in your vehicle as a condition of driving. The Florida DUI program involves education and counseling designed to prevent future DUI incidents, and completing it successfully is mandatory before you can regain limited driving privileges.

Criminal DUI Conviction and Permanent License Suspension

While the administrative suspension is serious, the criminal court process carries its own set of penalties, which could lead to an even longer or permanent license suspension if you’re convicted of DUI.

Under Florida Statute § 316.193, the penalties for a first DUI conviction include:

  • A six-month license suspension for a first conviction (which can be extended to one year if there were aggravating factors, such as having a minor in the vehicle or a BAC of 0.15% or higher).
  • For a second DUI conviction, the suspension increases to five years, with the possibility of applying for a hardship license after one year.
  • A third DUI conviction within 10 years results in a 10-year license suspension, with the possibility of applying for a hardship license after two years.
  • A fourth DUI conviction leads to a permanent revocation of your driving privileges.

It’s important to remember that the criminal penalties for DUI are determined by the court, and they are separate from the administrative process handled by the FLHSMV. This means you could face both an administrative suspension and a criminal conviction suspension, potentially leading to long-term consequences if you don’t take action early.

Challenging DUI Charges and License Suspensions

It’s clear that a DUI arrest in Florida can have an immediate and lasting impact on your ability to drive. But just because you’ve been charged doesn’t mean the outcome is set in stone. There are several defenses that we can raise on your behalf to challenge both the DUI charge itself and the associated license suspension.

For instance, we may be able to argue that the police did not have probable cause to stop your vehicle, which could result in the dismissal of both the criminal charges and the license suspension. Alternatively, if there were errors in administering the breathalyzer or other chemical tests, those results might be challenged, potentially leading to the suspension being lifted.

At Musca Law, we’ve successfully defended many clients facing DUI charges and worked to protect their driving privileges. We understand the seriousness of the situation and will work closely with you to explore every option available to defend your rights.

FAQs About DUI and License Suspension in Florida

Will I lose my license immediately after a DUI arrest in Florida?

After a DUI arrest in Florida, your license is not automatically revoked on the spot, but the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will issue an automatic administrative suspension if you fail a chemical test or refuse to take one. You have 10 days from the date of your arrest to request a hearing to challenge the suspension and retain your driving privileges during the process.

Can I drive while waiting for my formal review hearing?

Yes, during the 10-day period following your DUI arrest, you can still drive under the notice of suspension provided by law enforcement. However, after that 10-day period, if you haven’t requested a formal review hearing or applied for a hardship license, your driving privileges will be suspended.

What is the difference between an administrative suspension and a criminal suspension?

An administrative suspension is handled by the FLHSMV and is imposed after a DUI arrest, regardless of whether you are convicted of DUI in court. It occurs if you fail a breathalyzer test or refuse to submit to chemical testing. A criminal suspension, on the other hand, happens after a conviction for DUI in court and is determined by the judge. The penalties for criminal suspensions are often longer than administrative ones.

Can I get a hardship license if I refused the breathalyzer test?

Yes, but there’s a waiting period. If you refused to take a breathalyzer or other chemical test, you’ll have to wait 90 daysbefore you can apply for a hardship license. During this time, you cannot legally drive, so it’s critical to explore your options for challenging the suspension.

How do I get my license reinstated after a DUI suspension?

To have your license reinstated after a DUI suspension, you will need to complete a DUI program, pay reinstatement fees, and possibly install an ignition interlock device in your vehicle. The exact requirements depend on the circumstances of your suspension, such as whether it was your first DUI or if you refused the breathalyzer test.

You Don’t Automatically Lose Your License – But You Need to Act Fast

In Florida, a DUI arrest does not automatically mean you lose your license forever. However, time is critical. You have just 10 days to challenge the administrative suspension and protect your ability to drive. Beyond that, the criminal penalties could result in even more severe consequences if you’re convicted.

The key to avoiding a long-term suspension is to act quickly and work with an experienced DUI defense attorney who understands the nuances of Florida’s DUI laws and can fight for the best possible outcome in your case.

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.