Acting Fast After a DUI Arrest in Florida Can Mean the Difference Between Losing or Saving Your Driving Privileges

If you’ve been arrested for DUI in Florida, you’re likely facing two separate legal tracks: the criminal prosecution in court and the administrative process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). What many people don’t realize is that the administrative penalties—especially the suspension of your driver’s license—can take effect almost immediately.

As a Florida DUI Defense Attorney, I cannot emphasize enough how time-sensitive your situation becomes after a DUI arrest. There’s a hard deadline of 10 calendar days from the date of your arrest to take action to challenge the automatic suspension of your license. That’s why hiring a defense lawyer right away isn’t just helpful, it can change the entire outcome of your case.

Let’s talk about what happens when you hire me early in the process, how we can fight both the administrative and criminal sides of your case, and how the right defense can help protect your future and your license.

What the Law Says: Florida DUI License Suspension and Statutes

Under Florida Statute §316.193, it is unlawful to drive or be in actual physical control of a vehicle while under the influence of alcohol or a controlled substance if your normal faculties are impaired or if you have a blood alcohol level of 0.08 or above.

If you’re arrested and either:

  • Refuse to submit to a breath, blood, or urine test, or

  • Blow 0.08 or higher on the breath test,

your license will be administratively suspended by the DHSMV. This happens even before your court date.

Here’s the key statute:

Florida Statutes §322.2615(1):
"A law enforcement officer shall suspend the driver license of any person who has been arrested for a violation of §316.193 and who has refused to submit to a lawful test of breath, blood, or urine, or who has a blood-alcohol level or breath-alcohol level of 0.08 or higher."

The first offense leads to a 6-month suspension for a test failure and a 12-month suspension for refusal. But the law allows a driver to request a formal review hearing within 10 days to challenge the suspension. That hearing is your chance to fight for your license—and it’s where hiring me immediately makes a difference.

Why You Only Have 10 Days to Act

After a DUI arrest in Florida, the officer will issue you a DUI citation that acts as your temporary driving permit for 10 days. During this period, you must request a formal review hearing to contest the suspension. If you miss that window, your suspension begins automatically.

As your Florida DUI Defense Attorney, I file that request for you as soon as I’m hired. I also request a hardship license for you if you’re eligible, which could allow you to keep driving to work, school, or medical appointments.

That 10-day clock doesn’t stop. Hiring a lawyer early ensures your rights are preserved and puts your defense in motion before evidence starts disappearing.

What I Do Right Away to Protect Your License and Build Your Case

When a client hires me within the first few days of their arrest, I take several immediate steps:

  • File for the DHSMV Formal Review Hearing: This stops the automatic suspension while the hearing is pending.

  • Request Discovery: I request bodycam footage, breath test machine logs, police reports, and other critical evidence before it gets lost or buried.

  • Evaluate DUI Checkpoint Legality or Traffic Stop Justification: I assess whether the officer had reasonable suspicion to stop your vehicle or probable cause to arrest you.

  • Assess Breath or Blood Test Issues: The breathalyzer must be maintained and calibrated according to strict rules. If it wasn’t, we may be able to challenge the test results entirely.

  • Prepare You for the Review Hearing: You may testify, or I may handle it without you needing to appear. Either way, I build the best possible argument to restore your license.

This early intervention often gives us a head start in the criminal case too. The arguments I use at the hearing sometimes reveal weaknesses in the State’s case that we can use later in court.

Legal Defenses That May Apply to Your DUI Case

Every case is different, but when I’m hired early, I’m in a better position to develop effective defenses. Some of the defenses that I have successfully used include:

  • Illegal Traffic Stop: If the officer lacked reasonable suspicion to pull you over, all evidence after the stop may be suppressed.

  • Improper Field Sobriety Testing: If tests were conducted on uneven pavement, without proper instructions, or without accounting for medical conditions, the results can be questioned.

  • Unreliable Breathalyzer Results: Machine malfunctions, lack of calibration, or operator error can render the results inadmissible.

  • Lack of Probable Cause for Arrest: If the officer made the arrest based on subjective factors without strong evidence, we can challenge the validity of the arrest.

  • Violation of Right to Counsel: If police denied your right to speak with a lawyer during questioning, it may violate your rights under Florida and federal law.

  • Medical Conditions Mimicking Impairment: Conditions like diabetes, neurological issues, or injuries can cause symptoms or breath test readings that appear like intoxication.

Each of these defenses becomes more effective the sooner I’m able to investigate and preserve evidence. Time is critical in DUI cases.

Real Case Example: License Saved, Charges Dropped

A client in Orange County contacted me within 48 hours of his DUI arrest. He had failed the breath test with a .09 reading and was issued a citation that acted as a 10-day permit. Because he called me quickly, I filed for his formal review hearing the same day.

We obtained bodycam footage showing that the field sobriety exercises were performed on a sloped driveway, under poor lighting. The client also had a leg injury, which made the exercises even less reliable.

At the DHSMV hearing, I successfully argued that there was no probable cause for the DUI arrest. The hearing officer invalidated the license suspension, and the client got his full driving privileges back.

In court, I used the same footage and analysis to challenge the prosecutor’s case. Eventually, the State dropped the DUI charge in exchange for a reckless driving amendment with no conviction.

If that client had waited, his license would have been suspended for 6 months—and his defense would have been much harder to prove.

Why You Need a Private DUI Attorney, Not a Public Defender

Public defenders do important work, but they can’t represent you at your DHSMV license suspension hearing. That’s a separate administrative proceeding, and you are on your own unless you hire a private lawyer.

Also, public defenders often carry heavy caseloads. You may only meet them for the first time minutes before court. When you hire me, I begin working on your defense immediately and handle both your court case and the DHSMV process.

The sooner I’m hired, the better your chances of keeping your license and avoiding a permanent DUI conviction.

Florida DUI Defense FAQs

Why is hiring a DUI defense attorney immediately after arrest so important in Florida?
Because Florida law only gives you 10 calendar days to request a formal hearing to fight your license suspension. If you don’t act within that window, your license will be suspended automatically. I make sure that request is filed in time and begin protecting your rights from the start.

Can I get a hardship license after a DUI arrest in Florida?
Yes, in many cases. If it’s your first offense, and you don’t request a formal review hearing, you may be eligible for a hardship license for work or school after completing DUI school. If you request the hearing, I can also ask for a temporary permit that lets you keep driving while the hearing is pending.

What happens if I refuse the breath test in Florida?
Under Florida’s implied consent law (§316.1932), refusing the test results in a 12-month license suspension for the first refusal and an 18-month suspension for subsequent refusals. But that’s only if the refusal is upheld. I challenge the legality of the stop and the officer’s instructions to prevent or reverse the suspension.

Can the breath test results be thrown out?
Yes. If the machine wasn’t properly calibrated, or if the operator failed to follow required procedures, I can file a motion to suppress the results. Also, if the officer lacked probable cause to arrest you in the first place, the test result may be inadmissible.

How much does it cost to hire a Florida DUI defense lawyer?
Fees vary depending on the complexity of the case. I provide a free consultation to discuss your case, your options, and the cost involved. The potential cost of a suspended license, higher insurance, and a permanent criminal record often far outweighs the investment in quality legal defense.

Can a DUI charge be reduced or dismissed in Florida?
Yes, it is possible. I have successfully negotiated reductions to reckless driving and even dismissals in cases where evidence was weak, procedures weren’t followed, or legal rights were violated. Each case is different, but early intervention improves the odds.

What penalties am I facing if I’m convicted of a first-time DUI in Florida?
Under Florida Statute §316.193(2)(a), a first-time DUI conviction carries up to 6 months in jail, a fine between $500 and $1,000, 6 to 12 months of probation, DUI school, community service, and a license suspension. If your BAC was .15 or higher or a minor was in the vehicle, the penalties are even steeper. I work to reduce or eliminate these penalties wherever possible.

Will a DUI stay on my record forever in Florida?
A DUI conviction in Florida cannot be sealed or expunged. That’s why fighting the charge from the beginning is so critical. If we can reduce the charge or avoid a conviction entirely, it can make a lasting difference for your future.

Call a Florida DUI Defense Attorney Before You Lose Your License

If you or someone you care about has been arrested for DUI in Florida, waiting can cost you your license and harm your chances of a favorable outcome. You only have 10 days to act.

I handle DUI defense across the entire state of Florida and provide aggressive, personalized representation. Whether it’s your first offense or you have prior DUIs, I’m ready to fight for your license and your future.

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.