Understanding the Length of a Florida DUI Suspension and How to Defend Your Driving Privileges

If you’ve been arrested for driving under the influence (DUI) in Florida, you might be wondering: How long will my license be suspended? The consequences of a DUI conviction in Florida are significant, and a driver’s license suspension is one of the most common penalties. In fact, the length of your license suspension can vary based on several factors, including whether this is your first offense or whether you’ve refused a breathalyzer test.

As a Florida DUI defense lawyer, I’ve helped many clients navigate this process, and I know how critical it is to have an attorney by your side to protect your rights and minimize the impact on your life. In this article, I’ll explain how long a DUI license suspension lasts, what Florida statutes govern suspensions, the defenses that might apply, and why you need a private attorney to help you fight the suspension.

Florida Statutes on DUI License Suspension

Florida DUI license suspensions are governed by several laws, primarily under Florida Statutes § 316.193 (DUI law) and § 322.2615 (administrative suspension law).

Let’s break down these important statutes:

Florida Statutes § 316.193 – DUI Offenses

This statute outlines the criminal penalties for driving under the influence of alcohol, drugs, or a combination of both. Under this law, the consequences for DUI include both administrative penalties (such as a license suspension) and criminal penalties (like fines and jail time).

Florida Statutes § 322.2615 – Administrative Suspension

This statute governs the administrative process following a DUI arrest in Florida. When you are arrested for DUI, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your license immediately if you:

  • Refuse to take a breath, blood, or urine test upon arrest, or

  • Take the test and have a BAC of 0.08% or higher (0.02% or higher for commercial drivers).

The administrative suspension for refusing a test or failing a test can be different in length depending on the situation.

How Long Does a DUI License Suspension Last in Florida?

The length of your DUI license suspension depends on a variety of factors, including whether you are a first-time offender or have prior DUI convictions. Here’s a breakdown of the most common scenarios:

1. First Offense with a BAC of 0.08% or Higher

If this is your first DUI offense and you fail a breath test (with a BAC of 0.08% or higher), you will face an administrative suspension of 6 months under § 322.2615(1).

If you refused to take a breath test, the suspension will be 12 months under § 322.2615(3).

Example:
If you took the breath test and the results were 0.10%, your license will be suspended for 6 months. If you refused the test, your license will be suspended for 12 months.

2. First Offense with Serious Bodily Injury or Death

If your DUI incident involved serious bodily injury or death, the penalties are much more severe. If convicted, your license could be suspended for up to 5 years depending on the circumstances and whether you were convicted of DUI causing injury or manslaughter. A conviction for DUI manslaughter may also result in permanent revocation of your driver’s license.

3. Second Offense

If you have a second DUI conviction within 5 years, your license will be suspended for minimum 5 years, according to § 316.193(6)(b). If you refused the breath test during your second DUI arrest, you could face a longer suspension under the administrative rules.

4. Third or Subsequent Offenses

For a third DUI conviction within 10 years, you may face a permanent license revocation under § 316.193(6)(b). If your third DUI involves refusal of testing, you may face a 10-year suspension or longer.

Can You Get a Hardship License After a DUI Suspension?

A hardship license allows you to drive to work, school, or other essential activities during your license suspension period. Under Florida Statutes § 322.271, you may be eligible for a hardship license if:

  • You’ve completed DUI school,

  • Your suspension has lasted for a certain period (depending on whether you’re a first-time or repeat offender),

  • You meet certain eligibility criteria and can prove that a suspension would severely affect your life (such as losing your job).

For first-time offenders, you may be able to apply for a hardship license after 30 days of suspension. However, if you’ve refused the breath test, you may have to wait 12 months before applying for a hardship license.

Defenses to DUI License Suspension in Florida

As a Florida DUI defense lawyer, I know how important it is to fight an administrative suspension. Fortunately, there are several defenses available to challenge a DUI license suspension:

1. Lack of Probable Cause for the Stop

If the police officer did not have probable cause to pull you over in the first place, I can challenge the arrest. If the stop was unlawful, the subsequent DUI arrest and license suspension may be invalid.

2. Invalid Test Results

If the breath test was administered incorrectly or the machine was not calibrated properly, I can challenge the validity of the test results. Without a valid breath test, the prosecution has little evidence to support a DUI conviction.

3. Failure to Inform About Refusal Penalties

If you were not properly informed about the consequences of refusing a breath test, I can challenge the refusal. Under Florida law, officers are required to explain the penalties for refusing a test. If they fail to do so, it could result in the suspension being overturned.

4. Defects in the Administrative Process

If there are defects in the administrative process (such as improper paperwork or failure to provide timely notices), I can challenge the suspension and ask for it to be lifted or reduced.

5. Medical Conditions or Medications

In some cases, medical conditions or medications can cause symptoms that mimic impairment. If you were taking medication or had a medical condition that caused slurred speech or poor coordination, I can use that as a defense to argue that you were not impaired.

Why You Need a Private DUI Attorney in Florida

The consequences of a DUI license suspension can be far-reaching, and fighting it requires a skilled and experienced lawyer who understands Florida DUI laws. Here’s why hiring a private attorney is so important:

  • We Fight for Your Rights: A private lawyer can challenge every part of the DUI process, from the stop to the breath test. We review all evidence, find flaws in the arrest process, and work to get your charges reduced or dismissed.

  • Hardship Licenses: A private attorney can help you apply for a hardship license and argue that your suspension should be reduced or removed altogether.

  • Experience Matters: With years of experience handling DUI cases, a private lawyer can assess whether you have valid defenses, whether the officer followed the proper procedure, and whether the evidence is solid.

In my practice, I’ve had clients who faced lengthy suspensions but were able to get temporary driving privileges because we were able to prove flaws in the police’s process. In one case, a client’s 12-month refusal suspension was reduced to only 6 months after I demonstrated that the officer didn’t properly explain the consequences of refusal.

Real-Life Example: How I Won a DUI License Suspension Case

I recently had a case where my client was arrested for DUI after failing a breath test. The officer conducted a breath test on my client and recorded a BAC of 0.09%. The DHSMV issued a 6-month license suspension. After reviewing the evidence, I discovered that the breathalyzer machine had not been calibrated correctly before the test was taken. I filed a motion to suppress the test results, and the court ruled in our favor, dismissing the DUI charges. As a result, my client’s license suspension was lifted, and they were able to keep their driving privileges.

FAQs – Florida DUI License Suspension

How long will my DUI license suspension last in Florida?
The length of your license suspension depends on several factors, including whether it’s your first offense or if you refused a breath test. For a first offense with a BAC of 0.08% or higher, the suspension is 6 months. If you refuse the test, the suspension is 12 months. For subsequent offenses or DUI with injuries, the suspension can be much longer.

Can I get a hardship license after a DUI suspension in Florida?
Yes, in many cases, you can apply for a hardship license after a DUI suspension, but you must meet certain criteria. For first-time offenders, you may be eligible after 30 days of suspension. However, if you refused the breath test, you must wait a minimum of 12 months before applying for a hardship license.

What happens if I don’t challenge my DUI license suspension?
If you don’t challenge the suspension, it will likely be enforced. In Florida, an automatic suspension occurs after a DUI arrest, and the DHSMV will send you a notice with the suspension details. If you miss the deadline to request a formal review hearing, you could face the full suspension period.

What if I refused the breathalyzer test?
If you refuse a breath test after being arrested for DUI, you will face an automatic 12-month license suspension for the first offense. If you have previously refused a breath test, your suspension could be even longer.

Can I appeal my DUI license suspension?
Yes, you can request a formal hearing to appeal your license suspension. If the officer didn’t follow proper procedures or if there was a mistake in the administrative process, you may be able to get your suspension reduced or reversed. A private DUI attorney can help guide you through this process and represent your interests at the hearing.

How does a DUI conviction affect my license in Florida?
A DUI conviction in Florida can result in significant consequences, including mandatory license suspension, fines, jail time, and required DUI school. The length of your license suspension will depend on whether it’s your first offense, whether anyone was injured, or if you have multiple DUI convictions. If your license is suspended, you may be eligible for a hardship license in some cases.

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

A DUI license suspension can significantly affect your life, but it’s not the end of the road. With the right lawyer, you can challenge the suspension, apply for a hardship license, and potentially have the suspension reduced or eliminated.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.