Understanding Florida’s Immediate License Suspension and Your Legal Options
Being arrested for driving under the influence (DUI) in Florida comes with immediate consequences, one of the most significant being the suspension of your driver’s license. Many people don’t realize that the suspension starts before you are ever convicted in court. Florida law allows the Department of Highway Safety and Motor Vehicles (DHSMV) to impose an administrative suspension the moment you are arrested if you either refuse a breath test or blow over the legal limit.
Understanding when and how your license gets suspended, as well as the legal options available, is critical to protecting your driving privileges. A private DUI defense attorney can make all the difference in challenging the suspension and fighting the DUI charge itself.
Does Florida Suspend Your License Immediately After a DUI Arrest?
Yes, your license is immediately suspended at the time of your DUI arrest. Florida law allows an officer to seize your physical driver's license on the spot if:
- You blow a 0.08% or higher on a breathalyzer test.
- You refuse to submit to a breath, blood, or urine test after being lawfully requested to do so.
This administrative suspension is separate from any criminal penalties you might face in court. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) imposes this suspension automatically, regardless of whether you are ultimately convicted of DUI.
Florida Statutes § 322.2615 outlines the state’s administrative suspension process, stating that officers have the authority to confiscate your license and issue you a temporary driving permit valid for 10 days from the date of your arrest.
This 10-day window is crucial. It is the only opportunity you have to challenge the suspension before it takes full effect. If you do not take action, your license will remain suspended, and you will lose the chance to argue for reinstatement.
How Long Will Your License Be Suspended After a DUI Arrest?
The length of your suspension depends on whether you failed the breath test or refused it and whether you have prior offenses.
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First DUI offense – Breath Test Over 0.08%
- License suspension: 6 months
- Eligible for hardship license: After 30 days
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First DUI offense – Refusal to Take Breath Test
- License suspension: 12 months
- Eligible for hardship license: After 90 days
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Second DUI offense – Breath Test Over 0.08%
- License suspension: 12 months
- Eligible for hardship license: After 12 months
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Second DUI offense – Refusal to Take Breath Test
- License suspension: 18 months (With no eligibility for a hardship license)
Refusing a breath test for the second time also leads to an additional first-degree misdemeanor charge under Florida Statutes § 316.1939, which carries penalties of up to one year in jail and a $1,000 fine.
This is why it is essential to act quickly and consult with a DUI defense lawyer to challenge the suspension and seek a hardship license as soon as possible.
How to Fight the Automatic License Suspension After a DUI Arrest
The 10-day rule is the most important deadline after a DUI arrest. From the moment of your arrest, you have 10 days to request a Formal Review Hearing with the DHSMV. If you do not request this hearing within 10 days, your license will automatically remain suspended for the entire period.
Requesting a Formal Review Hearing
A Formal Review Hearing allows us to challenge the suspension before a hearing officer. We can argue:
- The officer did not have reasonable suspicion to stop you.
- The officer did not have probable cause to make the arrest.
- The breath test was improperly administered or the machine was not calibrated correctly.
- You did not actually refuse the breath test.
If the hearing officer finds that your rights were violated or there is insufficient evidence, the suspension may be overturned. If your license is reinstated, you will be able to drive without restrictions while your DUI case is pending.
Without a private DUI attorney, most people do not realize they can challenge the suspension—and they end up losing their driving privileges unnecessarily.
Hardship License Options After a DUI Arrest
If your formal review hearing is unsuccessful or you choose not to contest the suspension, you may still be able to apply for a hardship license. A hardship license allows you to drive for work, school, and essential errands while your full suspension is in effect.
To qualify for a hardship license, you must:
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Complete DUI School
- For a first offense, you must enroll in and show proof of DUI school.
- For a second offense, completion of DUI school is required before applying.
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Request a Hardship Hearing with the DHSMV
- The hearing officer will determine whether you qualify for restricted driving privileges.
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Agree to the Terms of the Hardship License
- Violating the restrictions can result in a full license revocation.
A private DUI attorney can guide you through this process to ensure that you have the best chance of obtaining a hardship license as soon as possible.
Why You Need a Private Attorney to Handle Your DUI License Suspension
Handling a DUI suspension on your own is risky. Many people assume they have no options, but in reality, there are strong legal defenses available. A DUI attorney can:
- Challenge the legality of the stop and the basis for your arrest.
- Represent you at the Formal Review Hearing to contest the suspension.
- Help you apply for a hardship license to get back on the road legally.
- Fight your criminal DUI case to avoid a conviction that could permanently affect your driving privileges.
The sooner you take action, the better your chances of keeping your license.
Florida DUI FAQs
What happens to my license immediately after a DUI arrest in Florida?
When you are arrested for DUI in Florida, your license is immediately suspended under Florida Statutes § 322.2615. The officer will take your license and issue a 10-day temporary permit, during which you can drive legally. After 10 days, the suspension goes into full effect unless you request a Formal Review Hearing.
Can I drive after my DUI arrest in Florida?
Yes, but only for 10 days using the temporary driving permit issued at the time of your arrest. After that, you must fight the suspension or apply for a hardship license.
How long is my license suspended after a DUI in Florida?
For a first offense, your license is suspended for six months if you blew over 0.08% and one year if you refused the test. For a second offense, it’s one year for a failed breath test and 18 months for refusal.
How can I challenge a DUI license suspension in Florida?
You have 10 days to request a Formal Review Hearing with the DHSMV. At the hearing, we can argue that the officer did not have probable cause or that there were procedural errors in your case.
Can I get a hardship license after a DUI arrest in Florida?
Yes. For a first offense, you may be eligible after 30 days if you failed the breath test and 90 days if you refused. For a second offense, you must wait one year. Completion of DUI school is required.
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.