Understanding the Consequences of a DUI Arrest on Your Florida Driver’s License

When facing a DUI charge in Florida, one of the first concerns people have is about their driver’s license. Will you lose your license immediately after a DUI arrest? The short answer is yes, but the situation is more complex than it seems. Florida law imposes both administrative and criminal penalties related to DUIs, and how each impacts your ability to drive is different. Let's break it down so you understand what to expect if you're arrested for driving under the influence in Florida.

Administrative Suspension After a DUI Arrest

Under Florida law, your driver’s license can be administratively suspended immediately upon a DUI arrest if you either refuse to submit to a breath, urine, or blood test, or if you submit to a breath test and your blood alcohol concentration (BAC) is .08% or higher. This suspension is handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) and is separate from any criminal penalties you may face. The law governing this administrative action is found in Florida Statute §322.2615.

When you are arrested, the police officer will confiscate your physical driver’s license, and you’ll be issued a notice of suspension. This document also serves as a temporary permit that allows you to drive for the next 10 days, but only for essential purposes like work or medical appointments.

During this 10-day period, you have the right to request a formal review hearing to challenge the suspension. If you request this hearing within the 10-day window, you may be issued a permit that extends your driving privileges until the hearing is resolved. If you don’t request a hearing or if the suspension is upheld, your license will remain suspended for a specified period, depending on the circumstances of your arrest:

  • First-time DUI with a BAC of .08% or higher: A six-month suspension.
  • First-time refusal to submit to testing: A one-year suspension.
  • Second or subsequent refusal to submit to testing: An 18-month suspension and a first-degree misdemeanor charge under Florida Statute §316.1939.

Hardship License Eligibility

If your license is administratively suspended, you may be eligible to apply for a hardship license, which allows you to drive under certain restricted circumstances, such as driving to and from work, school, or necessary medical appointments. Eligibility for a hardship license depends on whether it’s your first DUI offense and if you’re willing to comply with the state’s requirements.

For a first-time DUI offense, you must complete DUI school to be eligible for a hardship license. The law governing hardship licenses can be found in Florida Statute §322.271. If you refused to take a chemical test, you are not eligible for a hardship license for at least 90 days after your suspension starts. For second or subsequent offenses, the waiting periods and requirements increase.

Criminal License Suspension

Aside from the administrative suspension, a DUI conviction can also lead to a criminal suspension of your driver’s license. This occurs after you are convicted of DUI in a court of law. The penalties for a criminal suspension are separate from the administrative penalties, meaning you could potentially face two suspensions for the same DUI incident—one from the administrative process and one from the court's conviction.

The criminal penalties for DUI in Florida are outlined in Florida Statute §316.193. Upon conviction, your driver’s license can be suspended for the following periods:

  • First DUI conviction: A suspension of six months to one year.
  • Second DUI conviction within five years: A minimum five-year suspension.
  • Third DUI conviction within ten years: A minimum ten-year suspension.
  • Fourth or subsequent DUI conviction: Permanent revocation of your driver’s license.

It's important to note that even after serving the suspension period, you cannot automatically get your license back. You must apply for reinstatement, pay any required fines and fees, and meet any other conditions imposed by the court and the FLHSMV.

The Importance of Legal Representation

Facing a DUI charge in Florida can be overwhelming, especially with the immediate threat of losing your driving privileges. It's critical to understand that a DUI arrest doesn’t mean the end of the road. You have options, and a strong legal defense can potentially reduce or eliminate the consequences you face.

If we represent you, we can request an administrative hearing within the 10-day window to challenge the license suspension. During the hearing, we will present evidence that could result in the suspension being overturned, which would allow you to keep your license while we continue to fight the criminal case. This administrative hearing is an important opportunity to avoid the initial suspension, but it’s time-sensitive.

DUI School and Reinstating Your License

If your license is suspended due to a DUI conviction or refusal to submit to a chemical test, completing DUI school is mandatory before your license can be reinstated or before you can apply for a hardship license. DUI school covers the dangers of driving under the influence and requires attendance in person. The state takes this requirement seriously; failure to complete the program can result in additional penalties and delays in reinstating your driving privileges.

After completing DUI school, you may also be required to undergo an evaluation and possibly treatment for substance abuse if it is deemed necessary. Only once you have completed these steps can you apply for reinstatement or a hardship license. The process can be lengthy, so it’s best to get started as soon as possible after your suspension.

How a DUI Affects Your Insurance

Losing your driver’s license isn’t the only penalty you may face. A DUI conviction in Florida also impacts your car insurance. After your license is reinstated, you’ll be required to carry FR-44 insurance, which is essentially a form of high-risk insurance. This means you’ll be required to carry much higher liability limits than the average driver, and your insurance premiums will likely increase significantly.

The FR-44 requirement lasts for three years, and during that time, you must maintain continuous insurance coverage. Any lapse in coverage could result in the cancellation of your reinstated license.

Refusal to Submit to Testing and Implied Consent Law

Florida’s implied consent law, found in Florida Statute §316.1932, requires drivers to submit to a chemical test (breath, urine, or blood) if they are lawfully arrested for DUI. Refusing to take the test results in automatic penalties, including a license suspension and the possibility of criminal charges for repeat refusals.

If it’s your first refusal, your license will be suspended for one year. If it’s your second or subsequent refusal, you face an 18-month suspension and may be charged with a separate first-degree misdemeanor, which can carry additional penalties beyond your DUI case.

Many people think that refusing to take the test will help them avoid a DUI conviction, but in reality, it can make things worse. Refusal can be used as evidence against you in court, and the automatic penalties for refusal are often more severe than the penalties for a DUI conviction itself.

Can You Beat a License Suspension After a DUI Arrest?

While the administrative and criminal penalties for DUI can seem harsh, they aren’t set in stone. There are ways to challenge both the DUI charge and the license suspension, but it’s crucial to act quickly. The first step is to request the formal review hearing within 10 days of your arrest. At the hearing, we can present evidence and argue that the officer didn’t have probable cause to arrest you or that the breath test was improperly conducted.

If the administrative suspension is overturned, you can keep your license while we fight the criminal charge. Even if the suspension is upheld, we can still work to minimize the consequences of a DUI conviction and explore options for reducing the length of your suspension or securing a hardship license.

Frequently Asked Questions About DUI License Suspensions in Florida

Do I lose my license immediately after a DUI arrest in Florida?
Yes, your license is administratively suspended immediately if you either refuse to take a breath, urine, or blood test, or if your BAC is .08% or higher. The officer will issue you a temporary permit that allows you to drive for 10 days after your arrest, during which time you can challenge the suspension.

What happens if I refuse a breath test?
Refusing to take a breath test results in an automatic license suspension. For a first-time refusal, your license is suspended for one year. For second or subsequent refusals, your license is suspended for 18 months, and you may be charged with a first-degree misdemeanor.

Can I get a hardship license after a DUI arrest?
Yes, you may be eligible for a hardship license after a DUI arrest, depending on the circumstances. For a first DUI offense, you must complete DUI school before applying. If you refused to take a chemical test, you are not eligible for a hardship license for the first 90 days of your suspension.

How long will my license be suspended after a DUI conviction?
The length of your suspension depends on whether it’s your first, second, third, or subsequent DUI offense. For a first conviction, your license can be suspended for six months to one year. For a second conviction within five years, your license can be suspended for five years. For a third conviction within ten years, the suspension lasts ten years. A fourth conviction results in permanent license revocation.

Can I drive to work after a DUI arrest?
For the first 10 days after your DUI arrest, you can drive using the temporary permit issued by the officer. After that, you must either challenge the suspension or apply for a hardship license to drive for limited purposes like getting to work.

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.