If you're reading this, you're likely worried about what happens to your driver’s license after a DUI arrest in Florida. I understand how frightening and confusing this situation can be. I'm a Florida DUI Lawyer who has helped people in your exact position protect their license, reduce charges, and in many cases, avoid the harshest penalties the state tries to impose.

Yes, in many DUI cases in Florida, your license is suspended right away. But it’s not the end of the road. What happens next, and how quickly you act, makes all the difference. You have legal options, and you don’t have to face this process alone.

Florida Statute § 322.2615 – Administrative Suspension After DUI Arrest

Let’s begin with what the law says. Under Florida Statutes Section 322.2615:

“The Department shall suspend the license of any person who is driving or in actual physical control of a motor vehicle and who has a blood-alcohol level or breath-alcohol level of 0.08 or higher, or who refuses to submit to a lawful breath, blood, or urine test…”

That suspension is automatic and goes into effect immediately, unless you challenge it within 10 days. You read that right, only 10 calendar days. This is why it’s so important to hire a Florida DUI Lawyer immediately after your arrest.

The administrative suspension is handled separately from the criminal court case. Even if your criminal charges are reduced or dismissed, this separate action by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) can still leave you without a valid license.

Your 10-Day Window: Why Acting Fast Matters

The moment you're arrested for DUI, your driver’s license is usually confiscated, and the officer gives you a DUI citation. That citation acts as a temporary driving permit for 10 days. During those 10 days, you have the right to request a formal review hearing with the DHSMV to contest your suspension.

If you do nothing, the suspension becomes final. For a first DUI offense, the administrative suspension is:

  • 6 months if you took the breath test and blew over .08

  • 1 year if you refused the test

And that’s just for the DMV side. Criminal penalties are a separate matter entirely.

A Florida DUI Lawyer can file the request for a formal hearing, represent you during the hearing, and—when applicable—fight for a hardship license that allows you to drive for work, school, or essential tasks.

I’ve had many cases where, simply because we acted quickly, my client was able to keep driving and later saw their criminal case resolved favorably.

Florida Statutes § 316.193 – Criminal DUI Charges and License Suspension

Here’s where the second layer of the process kicks in. Florida Statutes Section 316.193 governs the criminal DUI offense itself.

“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…”

If you're convicted in court, the criminal penalties include:

  • Mandatory license revocation

  • Fines

  • Jail time

  • DUI School

  • Community service

Even for a first offense, the court can impose a minimum 6-month revocation, separate from the administrative suspension.

This is where having a private attorney can mean the difference between a conviction and a lesser charge—like reckless driving—or no conviction at all.

A Real DUI Case I Handled: License Saved, Charge Reduced

Let me tell you about a recent case I handled. My client, a 42-year-old nurse, was pulled over just outside of Tampa after a late dinner with friends. She blew a .094—just barely over the legal limit. She was issued a citation and her license was confiscated. She called me the next morning.

I immediately filed for her DHSMV hearing. At that hearing, I challenged the validity of the traffic stop and raised doubts about the breathalyzer calibration. We won that hearing, and her administrative license suspension was set aside.

On the criminal side, I reviewed the dashcam footage, which showed that she was not swerving or speeding, and her speech and balance were normal. After negotiations with the State Attorney’s Office, the DUI charge was reduced to a civil reckless driving infraction. She paid a fine, attended a traffic course, and kept her record clean. Her nursing license remained intact.

This outcome would not have been possible without fast action and aggressive representation.

Hardship Licenses: Limited Driving Privileges After DUI

Even if your license is suspended, all is not lost. Florida allows drivers to apply for a hardship license under certain conditions.

Under § 322.271(2)(a), the law says:

“The department shall provide for the issuance of a license for driving privilege limited to business or employment purposes…”

For a first-time DUI, you may be eligible to waive the hearing and apply directly for a hardship license—but you must enroll in DUI school immediately.

Again, your lawyer can help guide you through this process, complete the paperwork, represent you at the DHSMV, and make sure no mistakes are made that delay or deny your ability to drive.

Driving is not a luxury for most of my clients—it’s essential to work, kids, appointments, and living life. Don’t take a chance with something this important.

Florida Statutes § 316.1939 – Penalties for Driving While License Suspended After DUI

Let me give you a quick warning. Driving after a DUI suspension without a valid hardship license can lead to another criminal charge under Florida Statute § 316.1939:

“A person who operates a motor vehicle while the person's driver license or driving privilege is canceled, suspended, or revoked pursuant to a violation of… s. 316.193… commits a misdemeanor of the first degree.”

That’s punishable by up to one year in jail, and the consequences get more serious with repeat offenses. This is why I always advise my clients to let me handle every step of the process, from the administrative appeal to the criminal defense.

Defenses That Could Save Your License and Beat the DUI Charge

There are many legal defenses available in Florida DUI cases. Some of the most effective include:

  • Challenging the legality of the traffic stop

  • Questioning the probable cause for arrest

  • Attacking the reliability of the breath or blood test

  • Showing that the officer failed to follow required procedures

  • Presenting medical conditions that could have skewed results

In many cases, evidence can be excluded. Without that evidence, the State may have no choice but to reduce or drop the charges. And in some situations, I can secure a Pretrial Diversion (PTD) program or a “wet reckless” plea deal that keeps your criminal record clean and your license safe.

A public defender may be able to help you in court, but they can’t usually assist with the DHSMV process or file appeals. That’s another reason to have a private Florida DUI Lawyer handle both sides of your case from day one.

The Hidden Costs of Not Fighting Your DUI License Suspension

Some people believe they can just accept the suspension and move on. Here’s what that choice often leads to:

  • Job loss due to inability to commute

  • Skyrocketing insurance premiums

  • A permanent criminal record

  • Points on your license

  • Fines and court costs

  • Future DUI charges being treated as second or third offenses

All of these consequences can be minimized—or even eliminated—by fighting your DUI charges properly. And that starts with acting within the 10-day window.

Why You Need a Florida DUI Lawyer on Your Side

I’ve been practicing DUI law in Florida for years. I’ve represented people from all walks of life—teachers, truck drivers, students, business owners, nurses, and parents. The one thing they all have in common? They needed someone to fight for them fast, effectively, and completely.

You’re not just fighting a criminal charge. You’re fighting to protect your driver’s license, your job, your finances, and your future. That’s why hiring a private DUI attorney is one of the most important decisions you can make after your arrest.

Florida DUI FAQs

How long is my license suspended after a first DUI in Florida?
If you blew over .08, the administrative suspension is 6 months. If you refused the test, it’s 1 year. If you’re convicted in court, the judge can also impose a separate suspension of at least 6 months. These suspensions can overlap, but it’s important to fight both.

Can I still drive to work after a DUI arrest?
Yes, you may be eligible for a hardship license, but you must act fast. For first-time offenders, Florida allows you to apply for a hardship license immediately if you waive the formal review hearing and enroll in DUI school. A Florida DUI Lawyer can help with this process.

What if I missed the 10-day deadline to challenge my suspension?
If you didn’t request a hearing within 10 days, your administrative suspension becomes final. However, all is not lost. You may still qualify for a hardship license after serving a portion of the suspension. And your criminal DUI case still needs to be defended.

Will I get my license back if my DUI charges are dropped?
Possibly. If we win your criminal case and the administrative suspension hearing, you can get full reinstatement of your license. But the two systems are separate. Winning in court doesn’t automatically reverse the DHSMV suspension unless we challenge both.

Can I refuse the breath test in Florida?
You can refuse, but doing so comes with an automatic license suspension under Florida’s implied consent law. If this is your first refusal, the suspension is 1 year. A second refusal can lead to a separate misdemeanor charge.

What’s the difference between a public defender and a private Florida DUI Lawyer?
A public defender may be assigned to your criminal case if you qualify, but they typically can’t help with your license suspension or handle the DHSMV hearing. A private DUI lawyer can handle both the civil and criminal aspects, giving you better control of your case.

What if this is my second DUI offense?
The penalties are more severe. You could face a 5-year license revocation and mandatory jail time. But every case is different. I’ve been able to reduce second-time DUIs to reckless driving in many situations based on technical defenses and negotiation.

Can I drive immediately after my DUI arrest?
Yes, for the first 10 days, your DUI citation serves as a temporary driving permit. After that, unless you obtain a hardship license, driving becomes a crime. That’s why you must act within those 10 days and contact a lawyer right away.

How do I get my license fully reinstated after a DUI?
You must complete DUI school, pay reinstatement fees, show proof of insurance, and, in some cases, install an ignition interlock device. I can guide you through every step and help prevent unnecessary delays or denials.

Florida DUI Lawyer Call to Action: Protect Your License, Your Record, and Your Future

If you've been arrested for DUI in Florida, time is not on your side. Every hour that passes brings you closer to losing your license, your freedom, and your clean record. But it doesn’t have to end that way. I’ve helped countless people protect their licenses, avoid jail, and move forward with their lives—and I can help you too.

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 over 35 office locations throughout all of 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, and the Florida Panhandle.