A DUI license suspension in Florida can happen fast. In many cases, the license issue starts moving before the criminal case does, and you may have only 10 days from the date on your suspension notice to respond.
That can leave you trying to figure out whether you can still drive, what the paperwork means, and what you should do next.
At Manderscheid Law Firm, PLLC, we help clients make sense of that process. We look at the suspension, the evidence, and the DUI case together so you can make informed decisions early.
Key Takeaways
- Before your criminal case is processed, a license suspension can occur due to an arrest of DUI.
- Your time to ask for administrative review is almost always 10 days.
- A BAC of 0.08 or greater and a refusal could result in separate 90-day suspensions for each offense.
- A prior DUI suspension can also elevate the consequences.
- We can investigate the suspension. If there are issues with the evidence or with procedure, then we will advise you of your options.
What Happens to Your License After a DUI Arrest in Florida?
Depending on the details around your DUI arrest, your driving privilege can be suspended by the Florida Department of Highway Safety and Motor Vehicles, or FLHSMV.
That can happen if you:
- Analyzed at or above 0.08 blood- or breath-alcohol content, or
- Refused to provide a lawful breath, blood, or urine specimen;
The officer might physically take your license and issue a DUI license suspension notice, along with a temporary permit if you are otherwise eligible to drive.
The immediate question for most is more basic: How long can I continue to drive?
Hence, we ask clients to read the suspension notice properly in the first place. That date stamp controls many deadlines.
Is the License Suspension Separate From the Criminal DUI Case?
Yes. They are separate matters.
The license case deals with your driving privilege. The criminal case deals with whether the State can prove the DUI charge and what penalties may apply.
The two cases may rely on some of the same evidence, but they do not move at the same pace.
That means you may need to make a decision about your license before much has happened in criminal court.
How Long Is a DUI License Suspension in Florida?
The length of the suspension depends on what caused it and whether you have qualifying prior suspensions.
Reason for suspension | General suspension period |
First BAC suspension of 0.08 or higher | 6 months |
Qualifying prior BAC suspension | 1 year |
First refusal | 1 year |
Later qualifying refusal | 18 months |
A DUI conviction can also lead to separate license consequences.
For a first DUI conviction, the revocation period can generally range from 180 days to one year. Repeat convictions can lead to longer revocation periods.
What Is Florida’s 10-Day Rule?
You generally have 10 days from the date the suspension notice is issued to request formal or informal administrative review.
Ten days can pass quickly, especially when you are also dealing with an arrest, work, family, and an upcoming court date.
A few things are worth doing right away:
- Check the date on your suspension notice.
- Keep your DUI citation and temporary permit.
- Save any arrest and testing paperwork.
- Confirm when your temporary driving privilege ends.
- Speak with a DUI defense attorney before the time runs out.
The intention is not to make a hasty decision. It is so you know you still have options.
What Options Do You Have After a DUI License Suspension?
You could, depending on the facts of your case:
- Request a formal review
- Request an informal review
- Consider another available administrative option
The best candidate for each one is subjective.
We examine your driving record, why the suspension happened, and what the evidence is before guiding you to see what makes sense for you.
What Is the Difference Between a Formal and Informal Review?
An informal review is generally based on the written materials submitted by law enforcement and the driver.
A formal review hearing is conducted by an FLHSMV hearing officer and may include testimony, evidence, and witnesses.
The two processes are not equivalent of a criminal trial. The narrower piece deals with whether the administrative suspension should remain in place.
What Does FLHSMV Look At During a Review?
If this is about BAC a suspension based on. 08% or more, the review almost always centers around questions of law enforcement probable cause and whether the alcohol concentration was at.08% – the legal limit.
In a refusal suspension case, the review typically involves:
- whether probable cause existed,
- whether there was actually a refusal, and
- whether the requisite warning commenced.
These little details add up.
Police reports, testing records, body-camera footage, and dash-camera footage, among other evidence, may tell a more complete story than the suspension notice alone.
How Can a Lawyer Help With a DUI License Suspension in Florida?
We equip clients with the knowledge of what they are facing and what opportunities may still abound.
That can include reviewing:
- Whether officers had probable cause to (likely) identify
- Whether testing procedures were followed
- Whether a refusal actually occurred
- If the warning that was due was provided
- Consistency of reports relative to available video or other evidence
With it, we will also review the corresponding standard criminal DUI case versus the suspension of your driving privilege.
That matters because the same stop, test, report, or video may affect both.
Get Help With a DUI License Suspension in Florida
In Florida, you can go from bad to worse because of a DUI license suspension. You may have lost the ability to drive, which can affect work and family obligations or appointments and medical treatment — things you need to do as part of daily life.
But not every step in the process is meant to be done all on your own.
At Manderscheid Law Firm, PLLC, we assist clients in Pinellas County and across Florida in the review of suspension, examination of the evidence, and what options may be chosen.
Contact us to discuss your DUI license suspension in Florida and what to do next.
Frequently Asked Questions
Q: Is there a requirement to go to DUI school after a DUI license suspension in Florida?
A: In some cases, yes. These penalties depend on the type of suspension, your driving record, and if you received a DUI conviction as part of the case.
Q: Do I have to get FR-44 insurance after a Florida DUI?
A: After a qualifying DUI conviction, not just because of an administrative suspension.
Q: Do I have to install criminal row in Florida DUI
A: Possibly. This is going to be dependent on how old your other DUI convictions are, whether those DUI convictions were administratively or criminally imposed, and the underlying facts of both cases.
Q: How much does it cost to reinstate a driver’s license after a DUI?
A: Costs vary. Reinstatement fees, DUI program costs, insurance charges or ignition interlock are some things that fall under expenses.
Q: What happens to a commercial driver’s license after a DUI arrest in Florida?
A: CDL holders faced additional penalties that could impact their commercial driving.
