Is Your License Suspended Immediately After a DUI in Florida?

On behalf of Patrick McLain Law | February 28, 2024
Photo of Drunk Driver

When you get pulled over and arrested for DUI, you will face many serious consequences if you’re convicted. There will be fines, community service, probation, and possible jail time. The charges become more serious if you are well above the legal limit or if you’ve been arrested for DUI before. However, DUI consequences in Florida begin immediately with a Florida DUI license suspension.

At Patrick McLain Law, we have been defending DUI cases in Florida for many years. We specialize in DUI defense and related legal matters. This blog post addresses the immediate suspension of driver’s licenses after a DUI and provides you with valuable insights to help you navigate the legal process.

Overview of DUI Laws in Florida

Florida considers any person to be driving under the influence if they’re impaired beyond normal faculties or have a breath alcohol level of 0.08% or above. DUI consequences in Florida are extremely tough with penalties, fines, and having it on your record for 75 years.

It also requires the immediate suspension of your driver’s license. It is important to note that DUI charges are not just limited to alcohol. If you are considered impaired, you may face DUI charges that start with the immediate suspension of your license.

Understanding Florida DUI License Suspension

After being apprehended for a DUI in the Sunshine State, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) immediately suspends your license once your paperwork is received. You essentially lose your right to drive before you are able to appear in court.

While this might be troubling, there are ways to deal with this situation. Our firm will be happy to share more about our experiences defending DUI cases in Florida and what we can do to help.

Can You Challenge Your License Suspension?

The good news is that you can challenge your Florida DUI license suspension, but you must act quickly. You will have 10 days from your arrest, which includes holidays and weekends, to take this action.

This is something you should do with the help of an experienced DUI lawyer who can request an administrative hearing on your behalf to overturn this suspension. If it doesn’t have the outcome you hoped for, filing an appeal in the local circuit court is the next step.

You could also choose to waive the formal hearing, which can speed up the process of obtaining a hardship license. This would permit you to drive for very specific situations, such as to work or school. You will need to sign up for a DUI education program plus show proof of this enrollment within this same 10-day span.

The downside to taking this action will mean that you accept the license suspension on your record, which will be there even if you get your criminal charges reduced. It may be the right option in your situation but it is wise to speak with a criminal defense lawyer about all options to find the best one for you.

Steps to Take After a DUI Arrest in Florida

It is essential that you contact a criminal defense attorney immediately after your arrest for DUI. The clock begins ticking right away and you will not want to waste a second.

Patrick McLain Law plays a vital role in helping you with your Florida DUI license suspension and in defending DUI cases in Florida. We are committed to investigating your arrest to ensure proper procedures were followed and will work to have your charges reduced or dismissed in those circumstances. If you were arrested for DUI, contact us immediately to begin your defense and protect your future freedom on the road and in general. 


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