Understanding the Administrative Suspension Process and Why You Need a Florida DUI Defense Attorney on Your Side
As a Florida DUI Defense Attorney, one of the most common questions I hear from clients is this: "Can I fight the driver's license suspension even if I'm also facing a criminal DUI charge?" The answer is yes, and doing so could protect your ability to drive, even before your court date arrives. But time is not on your side. You only have ten days from the date of your arrest to challenge the administrative suspension, and missing that window can have serious consequences.
Let me walk you through how this works, the laws that apply, and why working with a private attorney can make all the difference between keeping your license and losing it for months or even years.
Understanding Florida's Dual DUI Process: Criminal vs. Administrative
When you're arrested for DUI in Florida, you're actually facing two separate legal actions. The first is the criminal charge under Chapter 316.193, Florida Statutes. The second is an administrative suspension of your driver's license imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Criminal DUI Charge
Under Florida Statute §316.193(1), a person is guilty of driving under the influence if:
"A person is guilty of the offense of driving under the influence and is subject to punishment... if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance... or any controlled substance... to the extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."
This is the criminal side. The penalties here include jail time, fines, ignition interlock requirements, and long-term license suspension depending on prior convictions.
Administrative Suspension
Separate from the court system, the DHSMV automatically suspends your license if:
- You refused to submit to a breath, blood, or urine test under Florida's Implied Consent Law (§316.1932), or
- You provided a breath or blood sample with a BAC of .08 or higher.
This automatic suspension begins 10 days after the arrest, unless you request a formal review hearing.
How the 10-Day Rule Works
You have just ten calendar days after your DUI arrest to request a formal review hearing with the Florida DHSMV. If you don't act within that timeframe, your driver's license will be suspended automatically.
First Offense
- BAC over .08: 6-month suspension
- Refusal to test: 12-month suspension
Second Offense or More
- BAC over .08: 12-month suspension
- Refusal to test: 18-month suspension and permanent license disqualification for CDL holders
If you act quickly and hire a Florida DUI Defense Attorney, we can request that hearing and may even obtain a temporary permit so you can continue to drive legally for work or essential needs.
Fighting the Suspension at a DHSMV Formal Review Hearing
The DHSMV hearing is not part of your criminal case. It's an administrative proceeding. But don't underestimate it. This is your first opportunity to challenge the stop, the arrest, the testing, and even the probable cause behind your detainment.
As your attorney, I can subpoena the arresting officer and cross-examine them under oath. I can challenge:
- Whether the officer had probable cause to stop you
- If proper procedure was followed during the test
- Whether you actually refused a test or if the refusal was improperly recorded
- The validity of breathalyzer or blood test results
Even if the DHSMV doesn't reverse the suspension, this hearing provides a preview of the state's case. That gives us valuable information we can use later in criminal court.
Defenses That May Apply in Administrative Hearings
Here are just a few defenses that can be raised in the administrative context:
- Improper Stop – If the officer didn't have legal justification to stop your vehicle, everything that followed can be challenged.
- Invalid Test Procedures – If the breath test machine wasn't properly calibrated or the officer wasn't certified, those results can be excluded.
- Lack of Probable Cause for Arrest – If the arrest wasn't based on clear indicators of impairment, the suspension may not stand.
- No Actual Refusal – In some cases, confusion or medical conditions can lead to an incorrect refusal determination.
This is why having a Florida DUI Defense Attorney represent you from the start is critical. If you go it alone, you miss the chance to cross-examine the arresting officer and lock in their testimony under oath before your criminal trial.
Real Case Example: Suspension Overturned Before Trial
I recently represented a client in Orange County who was arrested after leaving a concert. He submitted to a breath test, which allegedly showed a BAC of 0.09. The officer claimed he showed signs of impairment, but body cam footage told a different story—my client was calm, cooperative, and not slurring his words or stumbling.
We requested a formal review hearing within the 10-day window. During that hearing, I was able to question the arresting officer and expose inconsistencies between his report and the footage. Additionally, we demonstrated that the breath machine had been serviced just three days before and wasn't yet certified post-maintenance.
The DHSMV agreed there wasn't enough reliable evidence to support the suspension, and we won the hearing. That decision allowed my client to keep his license and also gave us leverage in negotiating the criminal DUI charge, which was ultimately reduced to reckless driving with no license suspension and no DUI conviction on his record.
Why You Need a Private Attorney Immediately
Timing is everything in a DUI case. If you wait even one day too long, you lose your chance to contest the license suspension. Once that happens, there's no way to undo it—even if you're later found not guilty in court.
Having a private DUI attorney from day one ensures:
- The 10-day deadline is met
- Your hearing request is filed correctly
- The officer is subpoenaed and cross-examined
- You receive a temporary permit while your case is pending
- Key flaws in the prosecution's case are exposed early
Don't trust this process to chance. Public defenders typically do not represent clients in DHSMV hearings. That's another reason why hiring a private Florida DUI Defense Attorney matters.
Florida Statutes That Apply to DUI License Suspension
Several Florida laws govern these issues, including:
- §316.193 – DUI definitions and criminal penalties
- §316.1932 – Implied Consent Law
- §322.2615 – Administrative suspensions by DHSMV
- §322.2616 – Suspension for drivers under 21 for .02 BAC or higher
- §322.271 – Hardship license eligibility
Each of these laws contains nuances that can be challenged depending on the facts of your case. The administrative process is just as serious as the criminal one, and both can significantly impact your life.
What If You Missed the 10-Day Deadline?
Even if your license has already been suspended, we may still be able to apply for a hardship license, depending on your driving record and the reason for the suspension. Florida Statute §322.271 allows for hardship reinstatement if certain criteria are met, including DUI school completion and no prior refusals.
Fighting License Suspension and Criminal Charges in Florida FAQs
Can I fight my DUI license suspension separately from the criminal case?
Yes. The administrative license suspension is handled by the Florida DHSMV and can be contested through a formal review hearing, which is entirely separate from the criminal court process. You must request this hearing within 10 days of your arrest.
What happens if I don't challenge the license suspension?
If you don't act within the 10-day period, your license will be suspended automatically. This suspension remains in place even if the DUI criminal charge is later dropped or dismissed. That's why requesting a formal review hearing is essential.
Will I get a temporary permit during the process?
Yes, in most cases, if you request the hearing in time, you can obtain a 42-day temporary driving permit that allows you to continue driving legally while we fight your suspension.
What are the chances of winning the DHSMV hearing?
Every case is different, but common defenses include lack of probable cause for the stop, improperly administered field sobriety tests, faulty breathalyzer calibration, and inconsistencies in the officer's report. Winning is never guaranteed, but challenging the evidence can improve your position in both the administrative and criminal cases.
Can I be represented by a public defender in my DHSMV hearing?
No. Public defenders only represent you in the criminal case, not the administrative process. If you want to fight your license suspension, you'll need a private Florida DUI Defense Attorney to handle the hearing.
What happens to my commercial driver's license (CDL)?
If you have a CDL and are arrested for DUI, even in your personal vehicle, you can lose your CDL privileges. Florida law allows for permanent disqualification after a second offense. That's why it's critical to act immediately.
Can my DUI be reduced if I win the administrative hearing?
Winning the DHSMV hearing doesn't automatically reduce your DUI charge, but it can help us build leverage in plea negotiations. Prosecutors may be more open to reducing the charge if they know the license suspension didn't hold up under scrutiny.
Is it worth fighting the suspension if I know I'm guilty?
Yes. Even if you believe you were over the legal limit, there may still be procedural issues, test errors, or Fourth Amendment violations that make your arrest or suspension legally challengeable. I've had clients walk away with reduced charges or no license suspension at all, even when their BAC was over .08.
Will the administrative hearing affect my court case?
Yes and no. It's technically separate, but information gathered during the DHSMV hearing—such as sworn testimony—can help us prepare your defense in criminal court. It's also an early opportunity to assess the strength of the state's evidence.
What if I already pleaded guilty?
If you've already entered a plea and accepted a DUI conviction, there may be little we can do to reverse the administrative suspension. However, if you acted within the 10-day window or have not yet gone to court, we can still help protect your driving privileges.
Call a Florida DUI Defense Attorney Now Before Time Runs Out
If you've been arrested for DUI, every minute counts. You only have ten days to request a hearing to fight your driver's license suspension. The longer you wait, the fewer options we have to protect your ability to drive and defend your case in court.
📞 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 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida. Let's take immediate action to protect your rights and your license.