Yes. A DUI arrest in Florida triggers two separate proceedings—administrative (license-related) and criminal. Both can require in-person appearances.

1. Administrative License Suspension Hearing

  • Under § 322.2615, Fla. Stat., the officer takes your license and issues a temporary 10-day permit if you:
    • refuse a lawful chemical test, or
    • register a BAC of .08% or higher.
  • You must request a formal or informal review hearing within 10 days of arrest to contest the suspension.
  • If you don't request a hearing, the suspension becomes automatic—6 months for a BAC .08+ or test refusal resulting in 1 year, with a hard suspension (no driving at all) for the first 30 or 90 days.

2. Criminal DUI Charges

  • DUI under § 316.193(1), Fla. Stat., is a criminal offense. If you're charged, you must appear in criminal court—typically at an arraignment, pre-trial motions, and, if necessary, trial.

Understanding the 10‑Day Rule

That 10-day window after arrest is critical.

  • You get a temporary permit lasting 10 days while your hearing request is processed.
  • Within those 10 days, you can:
    1. Request a formal review hearing (contested; the officer must appear, could invalidate suspension—and you typically get a 42-day permit).
    2. Request a waiver review (you accept the suspension but may get hardship privileges immediately).
    3. Do nothing and face an automatic suspension with no ability to challenge it.

Why is this important?

  • A formal hearing lets me subpoena the arresting officer and test the validity of the stop, sobriety test, or chemical test.
  • A waiver hearing may feel easier, but it permanently brands your record as a DUI suspension—even if criminal charges are later dropped.
  • Missing the deadline means losing your right to fight and limiting options for hardship licenses.

Defenses available at the administrative hearing

Even before criminal court, I can challenge the license suspension by:

  1. Proving no legal basis for the traffic stop.
  2. Showing the officer failed to follow the required procedure.
  3. Demonstrating the breath or blood test was administered improperly, or the machine was improperly maintained.
  4. Highlighting that the officer didn't properly inform you of your rights under § 322.2615.

Criminal Court Defenses

When defending a DUI case, here's what I look at—and why having an attorney is essential:

  • Illegal stop: If the officer lacks reasonable suspicion, we can suppress evidence.
  • Field sobriety test errors: Inconsistent administration can be challenged.
  • Breath/Blood test accuracy: Calibration, training, chain‑of‑custody issues.
  • Rising BAC defense: Blood alcohol could've been below .08% while driving and risen later.
  • Medical conditions or device interference that mimic impairment.

Each of these issues must be uncovered early—often starting at the administrative hearing. That's one key reason a private attorney is critical.

Essential Florida DUI Statutes

  • § 316.193(1) defines DUI and penalties such as fines, license suspension, ignition interlock requirements, and potential jail time.
  • § 322.2615 sets the rules for administrative license suspension—10-day deadline, hearing rights, and automatic suspension process.

These statutes carry complex language and deadlines. I've seen cases dismissed because the client didn't challenge the administrative process. A private lawyer knows how to hold law enforcement accountable to those rules.

Real-life example: "Mark's Case"

Let me share a case I handled: "Mark," a 30-year-old delivery driver, pulled over for a burned-out taillight. The officer smelled alcohol and administered FSTs, which Mark failed—though he admitted he had one beer an hour before. His breath test registered .097%.

We immediately requested a formal review hearing on day 7. The officer failed to appear, and the hearing officer dismissed the suspension. That meant Mark got his license back, and the DUI notation was removed from his driving history.

In criminal court, we challenged the field sobriety tests—claiming fatigue and nervousness—not impairment. We also uncovered an improperly calibrated breathalyzer. The prosecution dropped the case. Mark's record remains clean, and his job was protected.

Had Mark skipped the hearing or not hired me, he'd have lost his commercial license, endured a divorce of his insurance, and faced long-term career consequences.

Why You Need a Private DUI Attorney at Every Stage

  1. Administrative process: Officers rarely miss major hearing deadlines. A lawyer ensures hearings are properly filed, subpoenas issued, and evidence challenged.
  2. Criminal defense: Procedural errors, missing paperwork, or legal missteps can lead to suppression or dismissal—but not without precise arguments rooted in statute and case law.
  3. Collateral consequences: DUI convictions stay on record for 75 years. Employment, housing, insurance, professional licenses—they're all at risk. A lawyer mitigates long-term damage.
  4. Complex sentencing: Ignition interlock, counseling, community service, fines—penalties vary depending on prior convictions or BAC levels. Letting a lawyer negotiate can mean restricted licenses, reduced jail time, or alternative sanctions.
  5. Emotional support: DUI cases turn very personal fast—family, career, mental well-being. You need professional, trusted legal representation to reduce stress and let you focus on life.

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 Court FAQs 

What happens if I refuse the breath test?

Under § 322.2615, refusal triggers a 10-day temporary permit and then automatic license suspension—12 months for first refusal or up to 18 months if you've done it before.

However, requesting a formal hearing lets us challenge the officer's indication that you refused, or the adequacy of the warning you were given, securing a possible win before criminal court even starts.

Can I still drive after arrest?

Yes—for up to 10 days on your temporary permit. If you request a formal review hearing, you usually get a 42-day permit, letting you drive during the administrative phase. Without it, you face a complete license freeze and must apply for hardship privileges, which are no guarantee.

How soon do I go to criminal court?

Arraignment usually occurs 2–6 weeks after arrest. You'll need to appear in person unless your attorney enters a written plea. But if your license is suspended, you can't drive yourself—losing 10 days may disrupt your ability to work or get to court.

What penalties could I face?

A first DUI is a second-degree misdemeanor—up to 6 months jail, $500‑$1,000 fine, 50 hours community service, 6-month license suspension, mandatory ignition interlock for 6 months if BAC ≥ .15, and DUI school under § 316.193. Subsequent offenses carry harsher sanctions under § 316.193, including felony charges.

Is a hardship license worth it?

It permits work/school driving only during your suspension. You must apply through DHSMV, complete DUI school, and pay fees under § 322.28. But it's a waiver that your hearing gets removed—unlike a formal hearing, which can restore your full driving privileges with no record effect.

Can administrative hearing help with criminal case?

Yes. Winning administrative hearings often involve cross‑examining the officer, catching discrepancies, and collecting testimony under oath that weakens the prosecution's case. Even if we lose the hearing, those same discoveries inform criminal strategy—witness prep, suppression motions, and plea negotiations.

What if I miss the 10-day deadline?

It's serious—but not hopeless. We can attack the validity of the notice—if the officer misinformed you, failed to advise your rights, or didn't properly fill out suspension paperwork under § 322.2615, we might reduce or restore driving privileges.

Why not handle this myself?

The 10-day deadline is unforgiving. Forms must be filed correctly, and hearings mut be scheduled properly. In criminal court, rules of evidence and procedure are precise. Mistakes—lateness, misfiled motion, missed deadlines—can derail defenses or affirm prosecution. I handle those triggers weekly and know how to leverage early wins into full dismissals.

How do I pay for a DUI lawyer?

Many firms offer payment plans or flat fees. Keeping your license, livelihood, and record intact often outweighs the cost of representation. Musca Law offers free consultations to review your options, timelines, and potential defenses, and whether your case is best handled by private counsel versus a public defender.

You've got two cases, two processes, and tight deadlines. Having dedicated private counsel means you're not going through this alone. Wrong move—license lost, job threatened, rights violated. But if handled properly, the worst punishments could be avoidable.

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.