Understanding Immediate License Suspension, Your Rights, and How a Florida DUI Defense Attorney Can Help You Fight Back
As a Florida DUI Defense Attorney, one of the first questions I get asked by someone recently arrested is whether they lose their driver’s license on the spot. It is a valid concern—your ability to drive affects your job, family, and daily life. Florida law gives police officers and the Department of Highway Safety and Motor Vehicles (DHSMV) the authority to suspend your license right after a DUI arrest, but that doesn’t mean you are without options. The process moves fast, and the clock starts ticking immediately.
Let me walk you through what happens, what rights you have, and how I can help you challenge the suspension and defend your case in court. I will also explain the defenses that may apply and why hiring a private DUI defense attorney early can make all the difference.
What the Law Says About Immediate License Suspension After a DUI Arrest
Under Florida Statute § 322.2615(1)(a), your driver’s license is subject to administrative suspension at the moment of arrest if you either:
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Blow a 0.08% BAC or higher on a breath test, or
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Refuse to submit to a lawful breath, blood, or urine test.
Here is the statute language from § 322.2615:
“The department shall suspend the driver license of a person who has been 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…”
This suspension happens separately from the criminal charge and is handled by the Florida DHSMV, not the criminal court.
Do You Lose Your License Immediately? Technically, Yes—But There Is a Way to Fight It
If you refused testing or blew over the legal limit, the officer will take your physical license and issue you a DUI citation that acts as a temporary driving permit for 10 days.
During that 10-day window, you have the right to challenge the suspension by requesting a Formal Review Hearing with the DHSMV. This is your only chance to fight the administrative suspension. If you fail to act within those 10 days, your license will be suspended automatically.
A successful challenge at this stage can result in full reinstatement of your driving privileges. Even if your case ultimately ends in a dismissal or acquittal in court, the administrative suspension stands unless you fight it separately and early.
What Are the Penalties for the Administrative Suspension?
Depending on the situation, your administrative penalties for the DUI arrest may be:
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First offense (BAC over .08): 6-month suspension
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First offense (Refusal): 12-month suspension
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Second refusal: 18-month suspension and additional penalties under § 322.2616 and § 316.1939
Even though these are administrative actions, they carry serious consequences. This is why you need a Florida DUI Defense Attorney involved right away—preferably within 24–48 hours after the arrest.
What Defenses Apply to the Administrative Suspension?
As your lawyer, I examine every angle of your arrest to challenge the legality of the stop, the testing procedure, and your consent.
Here are some defenses that may apply:
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Unlawful traffic stop: If the officer lacked reasonable suspicion or probable cause to initiate the stop, everything that followed may be invalid.
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Improper breath test administration: If the machine wasn’t properly maintained, or the officer didn’t follow approved protocols, we may get the test results thrown out.
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Lack of probable cause for arrest: Even if you were pulled over legally, the officer still must show probable cause to arrest you for DUI.
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Improper warning before refusal: Florida law requires specific language be read to drivers before labeling a refusal as such. If not done properly, the refusal may not stand.
Why You Need a Private Florida DUI Defense Attorney
I can’t stress this enough—the first 10 days after a DUI arrest are the most critical. Public defenders don’t typically get involved until your first court date, and they do not handle administrative license hearings. If you wait, you may lose your right to drive for months, even if your criminal case is later reduced or dismissed.
As your defense attorney, I not only handle the court side of your DUI case, but I also represent you at the DHSMV hearing. This gives us two shots at protecting your record and your license.
Real Case Example: Client Saved From 12-Month Suspension
A young professional in Tampa was arrested for DUI and refused the breath test. His license was confiscated, and he had only the 10-day permit. He came to me on day seven. I immediately requested a Formal Review Hearing.
At the hearing, I demonstrated that the officer failed to properly inform the client of the consequences of refusal, and I showed that the arrest affidavit had inconsistencies in how the refusal was documented.
Result: The administrative suspension was invalidated. His license was reinstated, and the DUI charge was later reduced to a reckless driving offense with no additional suspension.
Had he waited just four more days, his license would have been suspended automatically for a year.
DUI Criminal Penalties and License Suspensions Work Separately
Even if your administrative suspension is overturned, you still face possible criminal penalties if the DUI charge continues. These include:
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First DUI: Up to 6 months in jail, $500 to $1,000 fine, 6-month to 1-year license suspension
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Second DUI: Up to 9 months jail, $1,000 to $2,000 fine, 5-year license revocation if within 5 years
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Third DUI: May be a felony with up to 5 years prison, long-term revocation of your license
These consequences come from § 316.193 and related statutes, and the court has discretion depending on your record, BAC level, and whether there was an accident.
A good defense strategy works on both tracks—administrative and criminal—to protect your driving privileges and fight for a reduced charge or dismissal.
Reinstatement and Hardship Licenses
Even if your license is suspended, you may be eligible for a hardship license. This is where an experienced Florida DUI Defense Attorney can help. To qualify, you must:
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Enroll in DUI School
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Pay a reinstatement fee
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Provide proof of hardship (e.g., for work, school, or family care)
The DHSMV does not guarantee approval. I help clients prepare the paperwork and present strong evidence to improve their chances of approval.
The 10-Day Rule: Act Quickly or Lose Your License
Here is what you should do within 10 days of your DUI arrest:
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Call a Florida DUI Defense Attorney immediately.
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Request a Formal Review Hearing with the DHSMV.
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Gather any documents from the arrest: citation, breath test results, police report.
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Prepare for the hearing and the criminal court date simultaneously.
Time is not on your side in a DUI case. The longer you wait, the fewer options you will have. The state moves fast, and so should your defense.
Florida DUI Defense FAQs to What Happens to My License After a DUI Arrest?
What is the 10-day permit I received after my DUI arrest?
If your license was taken at the time of your arrest, the DUI citation acts as a temporary permit allowing you to drive for 10 days. After that, unless you request a Formal Review Hearing, your driving privileges are automatically suspended.
Can I keep driving after those 10 days?
Only if your Formal Review Hearing is pending or you qualify for a hardship license. If you do nothing, your license will be suspended for six to twelve months or longer depending on the details of your case.
What if I refused the breath test—can I still fight the suspension?
Yes. Many people mistakenly believe that refusing the test means automatic suspension. In reality, the officer must follow very specific procedures, including reading an implied consent warning. If these were not followed, we can challenge the suspension.
What if this is my first offense and I have never been in trouble before?
First-time offenders often qualify for pre-trial diversion or reduced charges like reckless driving, but you still must act quickly. These options are not guaranteed. A private attorney can negotiate for alternatives that minimize impact on your record and license.
Is the administrative suspension different from the court suspension?
Yes. Florida handles DUI license suspensions on two tracks. One is administrative (handled by the DHSMV), and the other is criminal (handled by the court). You can win one and still lose the other if you don’t fight both.
Can a public defender help me with the DHSMV license suspension?
No. Public defenders are assigned for criminal court proceedings only. They do not handle administrative license hearings. This is a key reason why people hire private DUI lawyers early—to protect their license from day one.
Can I get a hardship license if I refused the breath test?
Possibly. First-time refusals may still qualify for a hardship license, but you will need to enroll in DUI school and meet other requirements. A second refusal disqualifies you entirely from hardship license eligibility under Florida law.
What is a Formal Review Hearing and what happens there?
It is an administrative hearing where we challenge the basis for your license suspension. We can subpoena the arresting officer, present evidence, and cross-examine witnesses. A win here means no suspension at all. It is also a chance to gather testimony that can help your criminal case.
What happens if I don’t request a Formal Review Hearing?
Your license will be suspended automatically. You will lose the opportunity to challenge the suspension, and this can affect your criminal case as well. Once the 10 days expire, the door closes.
How can a Florida DUI Defense Attorney help me keep my license?
I review your case from every angle, identify legal errors in the arrest or testing process, and represent you in both administrative and criminal proceedings. My goal is to protect your driving privileges, reduce or dismiss charges, and keep your record clean.
Call a Florida DUI Defense Attorney Before You Lose Your License
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. Call us today before the 10-day window closes on your license defense.