What Happens to Your License and Driving Privileges After a DUI Arrest in Florida – And Why You Need a Private Attorney

If you’ve been arrested for DUI in Florida, one of the first things that comes to mind is likely “Can I still drive?” The thought of losing your driving privileges is terrifying, especially when you rely on your car for work, family obligations, or just your daily routine. So, let’s break it down — what happens to your license after a DUI arrest in Florida, and why do you need a private attorney to ensure you’re not hit with unfair penalties?

As an experienced criminal defense attorney in Florida, I handle DUI cases regularly, and one of the most common questions I hear is about license suspensions. Florida law has strict rules about DUI arrests, and your ability to continue driving depends on several factors, including the specifics of your arrest, your previous driving history, and how you respond to the arrest.

Let’s talk about the details and what you need to know.

The Law: Florida Statutes § 316.1932 and § 322.2615

Florida law treats driving under the influence seriously, and so does the Department of Highway Safety and Motor Vehicles (DHSMV). When you are arrested for DUI, Florida Statutes § 316.1932 and § 322.2615, outline the administrative penalties you face, including potential license suspension and the steps you can take to challenge it.

Florida Statutes § 316.1932: Implied Consent Law

Under Florida Statutes § 316.1932, also known as the implied consent law, you automatically consent to a breath, blood, or urine test if you’re arrested for DUI. By driving in Florida, you’ve agreed to provide these samples if law enforcement requests them during a DUI stop.

If you refuse to submit to a chemical test:

  • First refusal: Your license will be suspended for 1 year.
  • Second refusal (within 5 years): Your license will be suspended for 18 months.
  • Third refusal (within 10 years): Your license will be suspended for 18 months, and you will face additional penalties.

However, even if you agree to take the test and your BAC is above the legal limit (0.08% or higher), your license can still be suspended.

Florida Statutes § 322.2615: Administrative License Suspension

Section 322.2615 details the administrative license suspension (ALS) process. The moment you’re arrested for DUI, the police officer will notify you of a 24-hour suspension, which is a temporary restriction that lasts until you request a hearing to challenge the suspension.

If the breath test results show a BAC of 0.08% or higher, the officer will submit a report to the DHSMV, and your license will be suspended for 6 months for a first offense.

You have 10 days from the date of your arrest to request an administrative hearing to challenge the suspension. If you don’t request a hearing in time, your license will automatically be suspended, and you will face the full penalties without the chance to contest them.

What Happens at an Administrative Hearing?

You’re not completely out of options after your DUI arrest. Florida law gives you the right to contest the suspension at an administrative hearing. Here’s how it works:

  1. Request the hearing: As I mentioned, you must request the hearing within 10 days from your arrest date. If you miss that window, you forfeit your chance to contest the suspension.
  2. What’s discussed: The hearing will focus on whether the officer had probable cause to arrest you, whether you were properly advised of your rights, and whether the breath test was administered correctly.
  3. Outcomes: If you win the hearing, your license is reinstated. If you lose, the suspension is upheld. However, you may still be eligible for a hardship license (depending on the circumstances) that allows you to drive for work or other essential needs.

Real-Life Example of a DUI Case Where I Won the License Hearing

I recently had a case where my client, a commercial truck driver, was pulled over after a minor traffic infraction. The officer smelled alcohol and claimed my client had slurred speech and glassy eyes. My client cooperated with the field sobriety tests, but because they were nervous and tired, the officer thought they were impaired.

However, my client was never asked for a breath test, and there was no direct evidence of impairment. The officer didn’t document any reasonable suspicion to justify the administrative suspension.

At the hearing, I argued that there was no probable cause to arrest my client, and since there was no breath or blood test, there was no way to definitively prove impairment. The hearing officer agreed and ruled that my client’s license should be reinstated immediately.

This case shows that challenging the suspension early with a private attorney can make all the difference in protecting your ability to drive.

What If I Have Multiple DUI Offenses?

If you have a second or third DUI offense, you face harsher penalties, including longer license suspensions and possible felony charges. Here’s a breakdown:

  • Second DUI Offense (within 5 years):
    • License suspension for 5 years
    • An ignition interlock device is required
    • Fines, community service, and mandatory DUI school
  • Third DUI Offense (within 10 years):
    • License revocation for 10 years
    • Felony charges with prison time possible
    • Permanent criminal record

When dealing with a second or third DUI offense, it’s crucial to get experienced legal representation to reduce the severity of the penalties. A private attorney can file motions to exclude evidence, challenge officer testimony, and look for any violations of your rights during the arrest process.

What Defenses Apply to DUI License Suspensions in Florida?

If your license has been suspended after a DUI arrest, several defenses may apply depending on the circumstances of your case:

  • The officer lacked probable cause to arrest you: This is one of the most common defenses. If the officer didn’t have enough reason to stop you or arrest you, the DUI charge could be thrown out, and the suspension lifted.
  • Improper administration of the breath test: Breathalyzers can malfunction, and they must be properly calibrated. If the officer didn’t follow proper procedures, the test results could be inadmissible.
  • You were not impaired: If you can prove that you weren’t impaired at the time of the arrest (either through medical evidence or testimony), the suspension may be contested.
  • Improper handling of your blood, breath, or urine test: If there was a mistake in how your test was handled, it may be invalid.

A private attorney can go over your case with a fine-tooth comb and build a solid defense to challenge the suspension or fight to reduce the consequences.

Why You Need a Private DUI Attorney

The penalties for DUI in Florida can have a devastating impact on your future. Beyond the license suspension, a DUI conviction can lead to criminal charges, high fines, mandatory DUI classes, and even jail time.

A private attorney can:

  • Challenge the suspension at an administrative hearing.
  • Analyze the officer’s report and any video footage.
  • Dispute the results of chemical tests like breath, blood, or urine.
  • Defend you in court if your case goes to trial.

Final Thoughts on Driving After a DUI Arrest in Florida

If you’ve been arrested for DUI in Florida, the loss of your driving privileges can be overwhelming. But the law gives you options to contest the suspension and fight for your right to drive.

Don’t leave your future to chance. Having a private attorney on your side can protect your rights and give you the best chance of avoiding the most severe penalties. Early intervention can make all the difference, especially in cases where a hearing is required to challenge your suspension.

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. Our most popular office searches include Jacksonville, Orlando, Tampa, and Miami. 

FAQs – Driving After a DUI Arrest in Florida

Can I still drive after a DUI arrest in Florida?

It depends. Your license may be suspended immediately after your arrest, but you have the right to request a hearing to challenge that suspension. If you win the hearing, your license will be reinstated. If you don’t request the hearing within 10 days, your suspension becomes permanent.

How long will my license be suspended for a first DUI offense in Florida?

For a first offense, your license will be suspended for 6 months if you have a BAC of 0.08% or higher. If you refuse a breathalyzer test, your suspension can last up to 1 year.

Can I apply for a hardship license after a DUI arrest?

Yes, you can apply for a hardship license if you’re eligible. This allows you to drive to and from work, school, or other essential places while your DUI suspension is in place.

What happens if I miss the deadline to request a hearing for my DUI suspension?

If you miss the 10-day deadline to request a hearing, your license suspension will be automatically upheld, and you may not be able to contest it.

Can a DUI attorney help me get my license reinstated?

Yes. An experienced DUI attorney can represent you at the administrative hearing, challenge the suspension, and help you apply for a hardship license or reduce the length of your suspension.

What are the penalties for a second DUI offense in Florida?

For a second offense, your license will be suspended for 5 years, and you may be required to install an ignition interlock device. The penalties for a second DUI offense also include fines, community service, and mandatory DUI school.

Can I refuse a breathalyzer test in Florida?

Refusing a breathalyzer test results in an automatic license suspension. For a first refusal, the suspension lasts 1 year; for a second refusal within 5 years, it’s 18 months. It’s important to understand the consequences before refusing any test.

Don’t leave your future to chance. Having a private attorney on your side can protect your rights and give you the best chance of avoiding the most severe penalties. Early intervention can make all the difference, especially in cases where a hearing is required to challenge your suspension.

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.