A driving under the influence (DUI) arrest in Florida triggers an immediate license suspension. This happens separately from any criminal charges you may face. Many people do not realize they have options to address or challenge this suspension. Understanding your options can help protect your driving privileges.
What happens to your license after a DUI arrest?
Florida law requires officers to take your driver’s license immediately upon a DUI arrest. You receive a temporary permit valid for only 10 days. During this brief window, you can still drive legally. After the 10 days expire, your suspension begins automatically.
First-time offenders usually face a suspension of six months to one year. If you refused the breath test, the suspension period increases. This administrative penalty occurs regardless of whether the court convicts you of the criminal DUI charge.
Can you challenge the administrative suspension?
You can request a formal review hearing within 10 days of your arrest to contest the validity of your suspension. This hearing takes place at the Bureau of Administrative Reviews, not in criminal court. The process is completely separate from your criminal case.
Alternatively, eligible first-time offenders can use this same 10-day window to file a review waiver, allowing them to bypass a hearing entirely and secure an immediate restricted hardship license. You must file your chosen request within this strict deadline. While the hearing option gives you a chance to present your side, missing the 10-day window means you forfeit this opportunity to utilize either pathway to protect your driving privileges.
What happens at a formal review hearing?
During the hearing, you can raise important issues such as:
- Whether the traffic stop was legal
- Whether the officer had valid reason to arrest you
- Whether the officer conducted the breath test properly
- Whether the officer maintained the breath test machine correctly
If the hearing officer finds errors in how your case was handled, the administrative suspension will be completely overturned and your full driving privileges will be reinstated. However, if the hearing officer retains the suspension, you must serve a mandatory hard suspension period with absolutely no driving privileges.
This period is 30 days if your blood or breath alcohol level was .08 or higher, or 90 days if you refused testing. Only after serving this hard suspension can you apply for a hardship license that allows you to drive to work, school, medical appointments or church.
Defending your driving rights
Losing your license after a DUI can affect every aspect of your life. It impacts your ability to work, care for your family and handle daily responsibilities. The good news is that you do not have to accept an automatic suspension. Time is limited, so taking action within the 10-day window is critical.