A DUI arrest in Florida can put your driving privileges at risk before your criminal case ever reaches court. If your license is suspended for an unlawful blood alcohol level or refusing a chemical test, you generally have just 10 days to challenge the suspension or pursue an available hardship license.
At Absolute Law, Fort Myers DUI attorney Anthony Melchiorre helps drivers address license suspensions while building a defense against their criminal charges. Contact Absolute Law at 239-ANTHONY for a free consultation.
Your license can be suspended immediately after a Florida DUI arrest, but the arrest alone does not trigger the suspension. Under Florida Statutes § 322.2615, an officer must suspend your driving privilege if you were driving or in actual physical control of a vehicle with a blood- or breath-alcohol level of 0.08 or higher, or if you refused a qualifying breath, blood, or urine test. The officer takes your license and issues a notice of suspension, along with a 10-day temporary driving permit if you are otherwise eligible to drive. That permit allows you to drive temporarily even though the suspension has already taken effect.
If your breath test result was below 0.08 and you did not refuse another qualifying test, this administrative suspension may not apply. If you took a blood test and the results are still pending, you may leave the arrest without an immediate suspension, but the state can suspend your license later if the results show an alcohol level of 0.08 or higher.
The 10-day rule refers to the short window you have after receiving a notice of suspension to request review or seek a restricted license.
The clock starts on the date the notice of suspension is issued, not the date of your first court appearance. Within 10 days of that date, you can request a formal or informal review of the suspension or request a review of eligibility for a restricted driving privilege.
If you’re otherwise eligible to drive, the notice of suspension doubles as a temporary permit. That permit expires at midnight on the 10th day after the notice was issued. Do not drive after your permit expires unless you have valid driving authorization. Knowingly driving with a suspended license can lead to a separate criminal charge.
You generally have three options after receiving a DUI license suspension:
Taking no action can have serious consequences. You lose the opportunity to challenge the suspension through this review process, and the suspension remains in effect. You may also face a period with no driving privileges before becoming eligible for a hardship license.
Unsure whether to challenge the suspension or request a hardship license? Contact Absolute Law at 239-ANTHONY to discuss your options.
A Florida DUI arrest usually starts two separate cases that run on different tracks.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) handles the administrative suspension. That case focuses only on whether the suspension was properly imposed, not on whether you’re guilty of DUI.
If you’re convicted of DUI in criminal court, the conviction carries its own license revocation under Florida law, separate from the administrative suspension. For a first DUI conviction, the revocation is generally at least 180 days and up to one year, and the periods increase significantly for repeat convictions.
A hearing officer’s decision can’t be used in the criminal DUI trial, and statements you make in a review request can’t be used against you at trial. Winning or losing the administrative review doesn’t decide the criminal case.
If you’re found not guilty of DUI at trial, the department must invalidate an unlawful-alcohol-level suspension, but the outcome of the criminal case doesn’t affect a suspension for refusing a test.
The length of an administrative suspension depends on your test results, whether you refused a lawful test, and your prior suspension history:
A second refusal can also lead to a separate misdemeanor charge.
A formal review is an administrative hearing conducted by an FLHSMV hearing officer, not a criminal trial. The department must schedule the hearing within 30 days of receiving your request, or the suspension must be invalidated.
The hearing officer reviews whether the evidence supports the suspension. For an alcohol level of 0.08 or higher, the review addresses probable cause and the test result. For a refusal, it also addresses whether you refused testing and received the required warning about the consequences.
Your lawyer can present evidence, subpoena witnesses, and question them at the hearing. At the end, the suspension may be sustained, amended, or invalidated. An informal review, by contrast, is a review of written materials only, with no witnesses present.
Often, yes. Under § 322.271, Florida offers a business purpose license, which covers driving for work, school, church, and medical needs, and a narrower employment-purpose license limited to work-related driving.
Eligible drivers can waive administrative review to request a business purpose hardship license without giving up their right to fight the criminal charge.
If you request review and the suspension is sustained, you generally must wait 30 days after your last permit expires for an unlawful alcohol level suspension, or 90 days for a refusal, before applying. To obtain restricted driving privileges, you must provide proof of enrollment in a licensed DUI program and meet the applicable completion and treatment requirements.
After a conviction, you must complete the DUI program’s course and evaluation first, and drivers with multiple convictions or refusals face stricter limits.
Requesting review doesn’t automatically stop the suspension.
The reinstatement process depends on the restrictions on your record and the requirements that apply to your case.
Choosing between challenging a suspension and accepting a restricted license is a strategic decision, and it has to be made within days. Anthony Melchiorre reviews the arrest report, test results, and video to determine whether a formal review hearing could invalidate the suspension or whether a first-time restricted license better protects your ability to work. When a hearing makes sense, he can subpoena the officer and breath technician and use the testimony to build your defense in the criminal case.
Learn more about our Fort Myers DUI defense and criminal defense practice, then contact Absolute Law at 239-ANTHONY to protect your driving privileges.
