Why Acting Fast Is Crucial to Protect Your License After a Florida DUI Arrest

A DUI arrest in Florida triggers two separate legal processes: the criminal case and the administrative case with the Department of Highway Safety and Motor Vehicles (DHSMV). The DHSMV process is entirely separate from the court case, but it can impact your ability to drive long before any trial takes place.

One of the most important deadlines after a DUI arrest is the 10-day rule for requesting a formal review hearing. If you miss this window, your license will be automatically suspended, and you lose the chance to challenge the suspension. Acting quickly can mean the difference between keeping your driving privileges and facing months or even years without a license.

Understanding the 10-Day Rule After a Florida DUI Arrest

Under Florida Statutes § 322.2615, you have 10 calendar days from the date of your DUI arrest to request a formal review hearing with the DHSMV. This hearing is your only opportunity to challenge the administrative suspension of your driver's license.

If you fail to request this hearing within the 10-day period, your license will be suspended automatically on the 11th day, regardless of the outcome of your criminal DUI case.

During this 10-day period, you are allowed to continue driving with the DUI citation, which serves as a temporary permit. This means you can still drive legally, but only for those 10 days. If no action is taken before the deadline, your license suspension will go into effect immediately.

What Triggers an Administrative Suspension?

The DHSMV imposes an automatic administrative suspension when:

  • You refuse to take a breath, blood, or urine test under Florida's Implied Consent Law (Florida Statutes § 316.1932).
  • You fail a breath test by blowing a 0.08% BAC or higher.

These are administrative penalties and occur even if your DUI case is later reduced or dismissed in criminal court.

How Long Will My License Be Suspended If I Do Nothing?

If you do not request a DHSMV hearing within 10 days, the following automatic suspensions apply:

  • First DUI offense (BAC of 0.08% or higher): 6-month suspension.
  • Second or subsequent DUI (BAC of 0.08% or higher): 12-month suspension.
  • First refusal to submit to a breath, blood, or urine test: 12-month suspension.
  • Second or subsequent refusal: 18-month suspension (plus a first-degree misdemeanor charge under Florida Statutes § 316.1939).

These suspensions take effect regardless of whether you are later convicted of DUI.

Why You Should Always Request a DHSMV Hearing

Requesting a formal review hearing gives you a chance to fight for your license. This hearing is the only opportunity to:

  • Challenge whether the officer had probable cause for the traffic stop.
  • Question the validity of the breath test and whether it was properly administered.
  • Cross-examine the arresting officer to find inconsistencies in their testimony.
  • Argue that your rights were violated, which could result in your suspension being overturned.

Even if you ultimately lose the hearing, requesting one may still provide valuable insight into the prosecution’s case against you.

Hardship License Eligibility If You Miss the 10-Day Window

If you miss the deadline to request a formal review hearing, all is not lost. You may still be eligible for a hardship license, but this is not automatic.

Steps to Apply for a Hardship License

  1. Enroll in DUI School – Florida requires completion of DUI Level 1 School before applying.
  2. Apply for a Hardship Hearing – You must appear before the DHSMV and prove that you need a license for work, school, or essential life needs.
  3. Serve a "Hard Time" Suspension – Some offenders must wait 30 to 90 days before becoming eligible for a hardship license.

A hardship license does not restore full driving privileges. It only allows driving for work, school, medical appointments, or religious purposes.

What Happens at the DHSMV Hearing?

A formal review hearing is not a criminal trial. It is an administrative proceeding where a DHSMV hearing officer reviews the details of your DUI arrest and determines whether your license suspension should be upheld or overturned.

During the hearing, we can:

  • Cross-examine the arresting officer about the traffic stop.
  • Challenge the accuracy of field sobriety tests and chemical tests.
  • Present evidence showing why your license should not be suspended.

If the hearing officer rules in your favor, your license suspension is lifted. If they rule against you, the suspension remains, but you may still qualify for a hardship license.

How to Win a DHSMV Hearing After a DUI Arrest

The best way to win a DHSMV hearing is to find legal weaknesses in the case. Some common defenses include:

  • Lack of Probable Cause – If the officer lacked a valid reason to pull you over, the suspension could be overturned.
  • Errors in Breath or Blood Testing – If the breathalyzer was not calibrated correctly or the test was improperly administered, the results may be challenged.
  • Failure to Read Implied Consent Warnings – Officers must inform you of the consequences of refusing a breath test. If they fail to do so, the suspension may be invalid.
  • Medical Conditions That Affect BAC Readings – Conditions like GERD or diabetes can cause false positives on breath tests.

A strong legal defense can mean the difference between losing your license and keeping your driving privileges.

DHSMV Hearing FAQs

How long do I have to request a DHSMV hearing after a DUI arrest?
You have 10 calendar days from the date of your arrest to request a formal review hearing with the DHSMV. If you miss this deadline, your license suspension will take effect automatically on the 11th day.

What happens if I don’t request a DHSMV hearing?
If you do not request a hearing within the 10-day window, your driver’s license will be automatically suspended. The length of suspension depends on your BAC level or whether you refused a chemical test.

Can I still drive after a DUI arrest in Florida?
Yes, but only for 10 days. Your DUI citation serves as a temporary driving permit. After the 10th day, your license suspension begins unless you request a formal review hearing.

What are the possible outcomes of a DHSMV hearing?
There are two possible outcomes:

  1. Suspension Overturned – You regain full driving privileges.
  2. Suspension Upheld – Your license remains suspended, but you may still apply for a hardship license.

What if I refused the breath test?
Refusing a breath test results in an automatic license suspension under Florida’s Implied Consent Law. A first refusal leads to a 12-month suspension, while a second refusal results in an 18-month suspension and possible misdemeanor charges.

Can I apply for a hardship license if I lose the DHSMV hearing?
Yes. If your suspension is upheld, you may still apply for a hardship license to drive for essential purposes like work or school. However, you must complete DUI school before applying.

How can an attorney help me fight a license suspension?
An attorney can review your case for legal errors, challenge the evidence, and represent you at the DHSMV hearing. A strong defense can increase your chances of getting your suspension overturned or qualifying for a hardship license.

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.