Why Acting Quickly—and Choosing the Right Lawyer—Can Save Your Driving Privileges After a DUI Arrest

I have lost count of the frantic phone calls that begin the same way: “They took my license. Now what?”

If you were arrested for driving under the influence in Florida, the officer most likely handed you a Uniform Traffic Citation that doubles as both a notice of suspension and a 10-day temporary permit. Those ten days tick by faster than you can imagine, and when they expire, you cannot legally drive—unless you step in and fight.

The question I hear next is the one that brought you to this page: “Can a DUI lawyer actually help me keep my license?”

The short answer is yes. The longer answer is what you will find below. By the time you finish reading, you will know:

  1. Why Florida yanks your license immediately under § 322.2615
  2. What can I do inside those first ten days to stop or shorten the suspension
  3. Why a hardship license is not automatic, and how I push for it under § 322.271
  4. How courtroom defenses overlap with license defenses—and why that matters
  5. A real case where a client walked away with full driving privileges intact

Throughout each section you will see the exact statutory language that matters to your future, clear explanations of the defenses I use, and practical steps you can take right now.

1. The Law That Seizes Your License on the Spot

Florida’s Administrative Suspension Law is found in Florida Statutes § 322.2615.

The key sentence reads:

“The department shall suspend the license of any person who has been arrested for a violation of s. 316.193, upon the request of the law enforcement officer, if the person had an unlawful blood-alcohol level as provided in s. 316.193 or refused to submit to a lawful test.”

In plain terms, if your breath test shows 0.08 g/dL or higher, or if you refuse breath, blood, or urine, the officer forwards paperwork to the Department of Highway Safety and Motor Vehicles (DHSMV), triggering an administrative suspension that starts immediately.

  • First blow over 0.08: 6-month suspension
  • First refusal: 12-month suspension
  • Second blow over 0.08 within five years: 12-month suspension
  • Second refusal: 18-month suspension and a first-degree misdemeanor

Those numbers look grim, but remember: § 322.2615(6) says you have the right to a formal review hearing—if it is requested within 10 calendar days of the arrest.

That is where I step in.

2. The Ten-Day Sprint: Requesting and Winning the Formal Review

The moment a client retains me, I file the Form HSMV 78065 requesting a formal review. This does two things:

  1. Stops the clock—your initial 10-day permit is swapped for a 42-day temporary permit.
  2. Forces DHSMV to schedule a hearing where I can question the arresting officer under oath and challenge every piece of evidence.

What I Attack at the Hearing

§ 322.2615(7)(b) limits the hearing officer to three questions:

  1. Did the officer have reasonable cause to believe you were driving or in actual physical control while impaired?
  2. Were you lawfully placed under arrest?
  3. Did you refuse testing or was your alcohol level 0.08 or higher?

Because the scope is narrow, my strategy is surgical:

  • No reasonable cause: I review dash-cam or body-cam video to show normal driving, no traffic infractions, or an illegal stop.
  • Unlawful arrest: If field sobriety tests were botched or medical issues went ignored, I argue the arrest lacked probable cause.
  • Testing errors: I scrutinize Intoxilyzer calibration logs, operator permits, and sample volume data to prove the breath result is unreliable.
  • Invalid refusal: If the implied-consent warning was hurried or confusing, I show the hearing officer the refusal was not truly voluntary.

One strong point on any of these grounds compels the hearing officer to invalidate the suspension under § 322.2615(10).

3. Hardship Licenses: When Full Reinstatement Is Not on the Table

If the hearing officer upholds the suspension—or if a client misses the 10-day window—we move to damage control.

Florida Statutes § 322.271(2) allows you to petition for restricted driving privileges (work, school, medical, church, and groceries) once mandatory “hard-time” lapses:

Suspension TypeHard-time Before Hardship Petition

First blow ≥ 0.08 No waiting period (may apply immediately)

First refusal 90 days before eligibility

Second blow 12 months

Second refusal 18 months

The statute says:

“The department may, upon such petition, reinstate the driving privilege... on a restricted basis solely for business or employment purposes.”

Nothing about that word “may” is automatic. I prepare clients for the hearing with proof of employment, enrollment in DUI school per § 316.193(5), and a sworn statement of hardship. The better the packet, the better the odds.

4. How Trial-Court Defenses Shield the License Too

Many drivers forget that the administrative process runs parallel to the criminal DUI case. Winning one does not automatically win the other, yet the defenses overlap.

Consider § 316.1932(1)(a)—Florida’s implied consent law:

“Any person who accepts the privilege… to drive within this state shall, by operating a motor vehicle, be deemed to have given consent to an approved chemical test…”

If I prove in circuit court that the stop or arrest was unconstitutional, the judge may suppress the breath result. That same reasoning can persuade a DHSMV hearing officer or at minimum give leverage for a stipulated agreement shortening the suspension.

Likewise, if I uncover maintenance flaws in the Intoxilyzer, that evidence feeds both arenas. A criminal acquittal is powerful ammo to seek early reinstatement or full DHSMV reversal even after an initial loss.

5. Real-World Win: Saving a Nurse’s License and Livelihood

A 34-year-old registered nurse—call her “Maria”—was pulled over in Collier County for rolling through a flashing yellow at 1 a.m. The deputy said she smelled of alcohol and noted “watery eyes.” Maria’s breath tests came back 0.079 and 0.080—right on the line. The deputy also wrote her up for refusal because, when first asked, she hesitated, said she wanted to call her husband, and only agreed after the breath-tech re-explained the penalties.

The machine printout triggered a 6-month suspension for unlawful alcohol level. Maria lived 40 miles from the hospital where she worked the night shift. Losing her license meant losing her job.

She hired me on day seven. I filed for the formal review the same morning. At the hearing I cross-examined the deputy for 35 minutes, pressing on two points:

  1. No probable cause: Failing to stop at a flashing yellow is not a traffic violation.
  2. Confusing implied-consent procedure: The deputy initiated the refusal paperwork in the patrol car before Maria was fully informed at the breath room.

When the hearing officer saw the breath card and the contradictory refusal narrative, he ruled:

“The department finds insufficient evidence that respondent refused or that breath results were lawfully obtained.”

The suspension was voided. Maria kept a clean driving record and never missed a shift. Months later, we resolved the criminal case to reckless driving amended from DUI, sparing her a disciplinary report to the Board of Nursing.

6. Why You Need a Private Attorney in Each Phase

Immediate Action

A public defender cannot touch the DHSMV process. Only a privately retained lawyer can file the formal review request, subpoena witnesses, and handle the hearing.

Technical Battles

Breath machines, video preservation, FDLE rules—these require time and resources. I obtain Intoxilyzer records, download body-cam footage, and hire toxicologists when needed. That depth is rarely possible without private counsel.

Negotiation Leverage

Prosecutors look closely at DHSMV outcomes when deciding whether to amend charges. A license win often leads to better plea offers or trial dismissals.

Insurance and Employment

Avoiding a formal suspension keeps points off your record, lowers insurance surcharges, and prevents job-related repercussions, especially for commercial or professional drivers.

Final Thought

The letter from DHSMV, the temporary permit, the looming court date—together they look like a tidal wave. Yet with quick action and the right strategy, that wave can be slowed, redirected, or flattened. I have done it for nurses, truckers, teachers, and single parents who could not afford a month—let alone a year—without the ability to drive.

If you have ten days left—or even if those days have passed—pick up the phone. The sooner we start, the more options we have.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Keeping Your License After a Florida DUI

How long do I have to fight the automatic suspension?

You have 10 calendar days from the date of arrest to file a request for a formal review with DHSMV. Weekends count. Miss that window and the full suspension takes effect without a hearing. I can file the paperwork the same day you hire me.

Is the formal review like a trial?

Not exactly. It is an administrative hearing before a DHSMV officer, not a judge. Rules of evidence are relaxed, but I may subpoena the arresting officer, the breath-test operator, and any witnesses. They testify under oath, and the session is recorded. Those transcripts often reveal mistakes I later use in criminal court.

What if I blew over 0.08—can I still win the hearing?

Yes. The breath card is only part of the puzzle. If the stop was illegal, if the officer failed to observe you for 20 uninterrupted minutes, or if the Intoxilyzer failed a monthly calibration, the hearing officer must rule to invalidate the suspension. I have secured reversals with readings as high as 0.17 when the paperwork or procedure was flawed.

Does a refusal always harm my case?

A refusal triggers a longer suspension administratively, but it also deprives prosecutors of a breath number that can sway juries. Whether refusing helps or hurts depends on prior history, accident facts, and evidence strength. If you already refused, I examine whether the implied-consent warning was delivered clearly; confusing language can nullify the refusal record.

Can I drive to work during the 42-day permit period?

Yes. The 42-day permit that issues after you request the hearing allows driving for any purpose, not just work. If the hearing officer ultimately upholds the suspension, you then shift to hardship-only driving, provided you meet eligibility rules.

Will a hardship license let me drive my kids to school?

Yes. “Business purposes only” includes driving to and from school, medical appointments, religious services, and essential household duties such as grocery shopping. The privilege is broad but monitored; patrol officers can stop you to verify you are within scope, so documentation is wise.

What happens if my license is suspended but I keep driving?

Driving while license suspended after a DUI suspension is a criminal misdemeanor under § 322.34(10). A second conviction can escalate to a felony. Courts treat post-DUI driving violations harshly. An attorney can help secure a hardship permit so you stay legal.

Does winning the DHSMV hearing dismiss my DUI charge?

No. The criminal case continues in county or circuit court. That said, a win at the hearing often weakens the prosecution, sometimes enough for dismissal or a favorable plea. I also use sworn officer testimony from the hearing to impeach them in court if they change their story.

If I lose both the hearing and the criminal case, how soon can I get my full license back?

You must complete DUI school, any required treatment, and pay reinstatement fees. For a first over-the-limit suspension, full reinstatement is available after the 6-month term ends, assuming you completed all court and DHSMV requirements. Second offenses and refusals have longer waits. I guide clients through each step so there are no surprises at the tax collector’s office.

What does your firm charge for handling the hearing and the criminal case?

Fees vary with complexity, number of prior offenses, and whether expert witnesses are needed. During your free consultation, I outline a flat fee that covers the DHSMV filing, formal review representation, court motions, negotiations, and trial if required. There are no hourly surprises, and payment plans are available.

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 with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Staying behind the wheel after a DUI arrest is possible—but only if you act. I dedicate every resource, every cross-examination, and every statute in the book to protect your license and your future. Call now; the clock is already counting down.