Florida utilizes a two-tiered system for suspending licenses after an arrest for suspected driving under the influence. Each tier operates independently and regardless of the other. Consequently, in Florida, a driver's license can be suspended for DUI through the state's administrative suspension procedure, in addition to the criminal justice system.

In certain circumstances, Title XXIII, §322.2615 does not grant any discretion to police or correctional officers to administratively suspend a driver's license when an individual is under arrest for DUI. As per §322.2615(1)(a), if a person was driving or had control over a vehicle with a Blood Alcohol Concentration of 0.08% or higher, determined by a chemical test, a police or corrections officer must suspend their driving privileges. Additionally, if the driver refuses to take a chemical test, the arresting officer shall administratively suspend their right to drive.

The procedure employed by Florida to administer administrative driver's license suspensions unfolds as follows: If an officer administratively suspends a driver's license due to driving with a Blood Alcohol Concentration of 0.08% or higher or refusing analysis, the officer must issue a ten-day temporary driving permit and take physical custody of the driver's license. The administrative suspension period begins when the driver is notified by the officer of their intention to suspend the license. This procedure occurs at the police department subsequent to the arrest.

Under subsection (b) of §322.615, the officer must notify the driver of the suspension. The notice should conform to the requirements of the statute and explicitly state the duration of the suspension faced by the driver. Refusal of any Blood Alcohol Concentration test results in a one-year suspension, while a previous refusal leads to an 18-month suspension. Alternatively, failing the breathalyzer or blood test carries a six-month license suspension.

The notice provided by the officer to the driver must furnish essential information regarding the process of appealing the officer's decision. The formal notice given to the arrestee will contain all the necessary details pertaining to the procedure required to request a review. If the driver chooses to appeal the administrative license suspension decision, the process commences with an administrative review of the officer's decision in accordance with §322.615(1)(a). The operator has ten days to request a suspension review.

Within a short timeframe after the officer decides to administratively suspend the driver's license, the Department of Highway Safety and Motor Vehicles (referred to as the department) must receive the officer's crash report, supporting documents, and the driver's license. This ensures that the department has the requisite information for the driver's appeal. Failure by the officer to comply with the prescribed time constraints may result in the department reinstating the driver's right to operate a vehicle.

Administrative review of DUI suspensions in Florida occurs through two procedural mechanisms. The driver can opt for either an informal review or a formal review of the officer's decision.

During an informal review, a hearing officer assesses all the evidence presented by the police officer to support their decision, including the documentation required by law. The driver is permitted to submit any information they deem relevant for the department's consideration. Within 21 days, as per §322.615(5), the department must issue a decision and inform the driver. The department may choose to uphold, modify, or overturn the officer's decision to suspend. If the hearing officer denies the operator's petition, the driver can choose to seek a formal review of the license suspension decision.

The formal review process is outlined in Section 322.615(6)(b). A designated hearing officer presides over the driver's appeal, functioning as a judge. The hearing officer possesses the authority to administer oaths to witnesses, issue subpoenas, receive evidence, assess the credibility of testifying witnesses, and ultimately make a decision on the case. The person requesting the hearing is responsible for procuring witnesses to testify on their behalf and must coordinate subpoena service with the state's attorney's office having jurisdiction over the circuit court where the appeal is pending.

Although the hearing officer wields significant authority granted by statute during formal suspension hearings, the scope of the hearing officer's review is limited by subsection 7 of §322.615. Pursuant to §322.615(7)(a), the hearing officer can only investigate the following matters:

  • Whether the person had a Blood Alcohol Concentration of 0.08% or above.
  • Whether the arresting officer had probable cause to believe the arrested person was driving or had control over the vehicle while under the influence of alcohol, chemicals, or drugs.
  • Whether the driver had a Blood Alcohol Concentration of 0.08% or higher as defined in §316.193.
  • If the officer suspended the driver's license for refusing a chemical test, the hearing officer must inquire into:
    • Whether there was evidence establishing probable cause for the officer to believe that the person operating or controlling the vehicle was influenced by alcohol, chemicals, or drugs.
    • Whether the person in custody refused a chemical test offered by the arresting officer.
    • Whether the officer duly informed the person in custody about the consequences of refusing the chemical test.

After evaluating the evidence, the hearing officer renders a ruling that either upholds, modifies, or overrules the suspension decision. The department must conduct the hearing within 30 days, and failure to do so results in the suspension being overturned.

For individuals whose licenses have been suspended due to failing a chemical test or refusing one, there is an option to request alternative relief in the form of hardship permits as provided by Title XXIII, §322.271. The hearing for this request must be scheduled within the initial 30 days after the aggrieved party seeks the hearing. Under §322.271(2), the petitioner must demonstrate that the administrative license suspension imposes a severe hardship that hinders their ability to work and support their family.

Additionally, the petitioner must complete a DUI program or a certified driver training course before becoming eligible for a hardship license.

Title XXIII, §322.31 allows a party dissatisfied with an administrative hearings officer's decision to petition the circuit court in their jurisdiction for further review of the administrative record. The judicial review under 322.31 takes the form of certiorari, whereby a circuit court judge evaluates the complete record generated during the administrative suspension review process and renders a decision based on that record. The court does not consider new evidence during the review. The petition for appeal under 322.31 must be filed in court within 30 days as stipulated by the Florida Rules of Appellate Procedure.

Alternatively, after a circuit court judge announces a decision, relief may also be sought in the Appeals Courts in Florida.

Administrative License Suspension Process in Florida

Florida follows a dual system for suspending licenses when someone is arrested on suspicion of driving under the influence (DUI). This system consists of an administrative suspension procedure and the criminal justice system, both operating independently.

To administratively suspend a motorist's driver's license under certain circumstances, Title XXIII, §322.2615 provides clear guidelines for police or correctional officers. According to §322.2615(1)(a), if a person is arrested for DUI and their blood alcohol concentration (BAC) is determined to be 0.08% or higher through a chemical test, the arresting officer must suspend their driving privileges. Similarly, if the driver refuses to take a chemical test, their license will be administratively suspended.

Upon administratively suspending a driver's license due to a BAC of 0.08% or higher or test refusal, the officer follows a specific procedure. The officer issues a temporary ten-day driving permit and takes physical custody of the driver's license. The administrative suspension period begins when the driver receives notice from the officer about the intended license suspension. This process takes place at the police department following the arrest.

Section (b) of §322.615 mandates the officer to provide the driver with a notice of suspension that conforms to statutory requirements. The notice must specify the length of the suspension the driver will face. Refusing any BAC test leads to a one-year suspension, while a prior test refusal results in an 18-month suspension. Failing a breathalyzer or blood test leads to a six-month license suspension.

The notice also contains essential information on the procedure for appealing the officer's decision. It outlines the steps the driver must take to request a review of the suspension. If the driver decides to appeal the administrative license suspension, the process begins with an administrative review of the officer's decision as outlined in §322.615(1)(a). The driver has a ten-day window to request this review.

For the Department of Highway Safety and Motor Vehicles (DHSMV) to proceed with the administrative review, the officer must submit the crash report, supporting documents, and the driver's license within a specified timeframe. This ensures that the DHSMV has all the necessary information for the driver's appeal. If the officer fails to comply with these time constraints, the department may reinstate the driver's license.

Florida recognizes two mechanisms for appealing a DUI administrative suspension: informal review and formal review.

During an informal review, a hearing officer considers all the evidence presented by the police officer, including the required documentation. The driver can submit any information they wish the department to consider. Within 21 days, the department must issue a decision and notify the driver according to §322.615(5). The department may uphold, amend, or overturn the officer's suspension decision. If the hearing officer denies the driver's petition, they can choose to pursue a formal review of the license suspension decision.

The formal review process, described in Section 322.615(6)(b), involves a designated hearing officer who acts as a judge. The hearing officer possesses various powers, including swearing in witnesses, issuing subpoenas, receiving evidence, making credibility determinations, and ultimately rendering a decision. The driver requesting the hearing is responsible for arranging witnesses and coordinating subpoena service with the state's attorney's office in the circuit court jurisdiction.

The scope of the hearing officer's review is limited by §322.615(7). They can only inquire about specific matters depending on the circumstances:

  • If the person had a BAC of 0.08% or above.
  • Whether the arresting officer had probable cause to believe the arrested person was driving or had control over the vehicle while under the influence of alcohol, chemicals, or drugs.
  • If the driver refused a chemical test, the hearing officer must also inquire into:
    • Whether there was evidence establishing probable cause for the officer to believe that the person operating or controlling the vehicle was under the influence.
    • Whether the person in custody refused a chemical test offered by the arresting officer.
    • Whether the officer duly informed the person in custody about the consequences of refusing the chemical test.

Based on the evidence presented, the hearing officer makes a ruling, which may uphold, modify, or overrule the suspension. The department must hold the hearing within 30 days, and if it fails to do so, the suspension must be overturned.

In cases where a license suspension poses a significant hardship, individuals whose licenses were suspended for failing a chemical test or refusing one may request alternative relief. Pursuant to Title XXIII, §322.271, they can ask the department to grant them a hardship permit, allowing them to drive under specific circumstances. The hearing for this request must take place within 30 days after the petitioner's request. To be eligible for a hardship license, the petitioner must demonstrate that the administrative suspension creates a severe hardship that prevents them from working and supporting their family. Additionally, completing a DUI program or certified driver training course is a prerequisite for receiving a hardship license.

If dissatisfied with the decision of an administrative hearings officer, a party has the right to petition the circuit court in their jurisdiction for further review of the administrative record under Title XXIII, §322.31. This judicial review is conducted through the process of certiorari, whereby a circuit court judge examines the entire record generated during the administrative suspension review and makes a decision based on that record. The court does not consider new evidence during this review. The petition for appeal under Florida §322.31 must be filed within 30 days in accordance with the Florida Rules of Appellate Procedure. Additionally, after a decision is announced by the circuit court judge, further relief can be sought in the Appeals Courts in Florida.

How Our Florida DUI Attorneys Can Help You

If you have lost your driving privileges in the State of Florida, it is imperative that you speak with one of our business hardship license attorneys as soon as possible to safeguard your financial livelihood.  The Lawyers at Musca Law have decades of combined traffic court and license defense experience. Musca Law is available to receive your call 24 hours a day, 7 days a week. At Musca Law, we listen to you and we strive to provide the best legal advice and representation regarding your situation.  

If you are interested in fighting to restore your driving privileges or if you need an attorney who will argue for your business-only hardship license in Florida,  contact our law firm today at (888) 484-5057 to explore your legal options.