Understanding Your Right to Drive, Protecting Your License, and Why Immediate Legal Action Matters
If you've just been arrested for DUI in Florida, one of the first questions you're probably asking yourself is, "Can I still drive?" It's a fair question, and the answer depends on several critical deadlines and legal procedures that begin the moment you're arrested. I've worked with countless people who were blindsided by how quickly they lost their ability to drive simply because they didn't act fast enough. I want you to understand what happens to your license after a DUI arrest and how I can help you protect your ability to keep driving.
What Happens to Your License After a DUI Arrest?
When you're arrested for DUI in Florida, your driver's license is immediately at risk. Law enforcement will typically confiscate your license and issue you a Florida DUI citation, which acts as your temporary driving permit for 10 days from the date of arrest. That 10-day window is everything.
Under Florida Statutes Section 322.2615, the Department of Highway Safety and Motor Vehicles (DHSMV) has the authority to suspend your driver's license administratively after a DUI arrest. This happens separately from any criminal court proceedings.
Statute Text – § 322.2615(1)(a):
"The department shall suspend the license of any person who is arrested for a violation of s. 316.193 and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or who refused to submit to a lawful breath, blood, or urine test..."
If you blew over the legal limit or refused testing, your administrative suspension will be automatic unless you or your attorney requests a formal review hearing within 10 days of your arrest.
That's where I come in. As your defense attorney, I will file the necessary paperwork with the DHSMV to demand a hearing and stop the automatic suspension. I will also fight to try and secure a temporary permit that allows you to keepdriving legally while your case is pending.
The 10-Day Rule: Why Immediate Action Is Critical
You only have 10 calendar days from the date of your arrest to challenge the suspension of your license. If you do nothing, your license will be suspended starting on the 11th day. For a first-time DUI with a breath test over .08, that means a six-month suspension. If you refused to submit to testing, you're looking at a one-year suspension for a first offense.
You can still apply for a hardship license in some cases, but not everyone qualifies. The better option is to fight the suspension before it even begins. I've had numerous cases where we won at the formal review hearing, meaning the suspension was thrown out and my client kept their full driving privileges while the criminal case continued.
Real Case Example: First-Time DUI, License Saved
One of my clients, a 32-year-old father of two, was pulled over in Hillsborough County after leaving a birthday party. He agreed to a breath test, which came back at .086. That's just over the legal limit. The arresting officer took his license, and he came to me within two days of the arrest.
We immediately filed for a formal review hearing. During our investigation, we obtained the dashcam video, which showed that the officer had no clear reason to initiate the traffic stop. At the hearing, we argued that the initial stop was unlawful, which meant the arrest and the breath test were invalid under Florida law.
The hearing officer agreed, and the administrative suspension was set aside. My client was able to keep driving, continue supporting his family, and focus on fighting the criminal case with a much stronger position.
Florida Statutes That Govern DUI License Suspension
Several Florida statutes come into play when it comes to your license after a DUI arrest. Here are the most important ones:
Florida Statute § 316.193 – Driving Under the Influence
This is the core DUI statute. It defines DUI and outlines penalties for conviction, including potential license suspensions through the court system.
Statute Text – § 316.193(1):
"A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle within this state and the person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams per 210 liters of breath."
Court-ordered license suspensions come later, if you're convicted. But the administrative suspension under § 322.2615 happens immediately after arrest, which is why early action matters.
Florida Statute § 322.271 – Hardship Licenses
If your license is suspended, this statute allows you to apply for a hardship license to drive to work, school, or medical appointments—but only under certain conditions.
Statute Text – § 322.271(2)(a):
"A person whose license has been suspended… may apply to the department for a hearing for the purpose of requesting a restricted license for business or employment purposes only."
Even with a hardship license, you may have to complete DUI school and install an ignition interlock device. I help clients evaluate whether it's better to apply for a hardship or contest the suspension entirely. Every case is different.
Defenses That Can Help Protect Your License
The way we approach your defense depends on the facts. But there are several strategies that have worked time and time again in DUI license suspension cases.
Illegal Traffic Stop
If the officer had no lawful reason to stop you in the first place, we can challenge the legality of the arrest. If the stop was invalid, the breath test results and everything that followed may be thrown out.
Faulty Breath Test
Machines malfunction. Officers make errors. If your breath sample wasn't properly collected, calibrated, or recorded, that could make the results inadmissible. I subpoena maintenance records and cross-examine breath techs to uncover weaknesses in the test.
Improper Implied Consent Warning
If you refused testing, the officer was required to inform you of the consequences of refusal. If they didn't read the implied consent warning properly, or if they coerced your refusal, the suspension may be dismissed.
Why You Need a Private DUI Attorney Immediately
Too many people wait until their court date before talking to a lawyer. By then, their license is already suspended. Court-appointed lawyers often don't get involved until weeks later, and by then, it's too late to file for a formal review hearing.
As a private defense lawyer, I don't just wait for your court date. I get involved from day one. I request evidence, file hearing demands, subpoena witnesses, and work to protect your driving privileges right away.
DUI charges carry both criminal and administrative consequences. If you want to drive to work, care for your kids, or maintain any normalcy while your case is pending, you need someone fighting for your license from the moment you're arrested.
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.
Florida DUI Arrest Frequently Asked Questions (FAQs)
How long can I drive after a DUI arrest in Florida?
You can legally drive for 10 days using the DUI citation as a temporary permit. During that time, you must act quickly to request a formal review hearing to contest the administrative suspension. If no action is taken, your license will be suspended automatically on the 11th day after arrest.
What if I refused the breath test? Can I still drive?
Refusing a breath test triggers a one-year license suspension for a first offense. However, you still have the right to a formal review hearing. If the refusal was not legally valid—for example, if you weren't properly warned—you may still win your hearing and keep your license. I've had multiple refusals overturned because of errors made by law enforcement.
Can I get a hardship license after a DUI arrest?
Yes, but only under certain circumstances. You must enroll in DUI school and meet specific eligibility requirements. A hardship license allows limited driving for work or essential needs, but it doesn't restore full driving privileges. That's why we fight hard to win the formal review hearing first. Keeping your full license is always the priority.
Will I get my license back if I win the administrative hearing?
Yes. If we succeed at the formal review hearing, your license is fully reinstated. There would be no administrative suspension on your record. That gives you a better chance of resolving the criminal case without additional consequences.
What happens if I lose the formal review hearing?
If you lose, the suspension goes into effect immediately. For a first DUI, that means six months if you took the breath test, or one year if you refused. You may be eligible for a hardship license after serving a short "hard suspension" period. I can guide you through that process if necessary.
Do I need a lawyer just for the license part of my DUI case?
Absolutely. The license hearing is separate from the criminal case, but both affect your life. Public defenders typically don't handle administrative hearings. A private DUI attorney can defend both your license and your freedom, starting on day one.
What if this is my second or third DUI arrest?
If you have prior DUI offenses, your driving privileges are even more at risk. You could face longer suspensions, harsher conditions for hardship licenses, and potential felony charges. It's critical that you have a private attorney who understands the high stakes and can respond immediately.
Can I just plead guilty and get my license back faster?
Pleading guilty might resolve the criminal case faster, but it doesn't fix the license suspension. In fact, a DUI conviction may lead to additional suspension time through the court. The better strategy is to fight both the administrative and criminal sides with a focused, strategic defense.
What if I'm a commercial driver?
If you hold a CDL, the consequences are even more serious. You face disqualification from commercial driving even for a first offense. That can end your career. I've defended many CDL holders and know how to protect your professional future as well as your license.
When should I call a lawyer after a DUI arrest?
Immediately. Every hour counts after a DUI arrest. You have 10 days to protect your license, and evidence can disappear quickly. The sooner we start, the better your chances of avoiding long-term consequences.
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.