Understanding the Process, Statutes, Defenses, and Why You Need a Private Attorney to Fight Your License Suspension

If you’ve been arrested for a DUI in Florida, you’re likely worried about a lot of things: the possibility of jail time, fines, and the impact on your future. However, one of the most immediate concerns is your driver’s license suspension. This suspension can occur administratively through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) or as a result of your DUI conviction. Either way, your driving privileges can be severely impacted, and that’s why you need to hire an attorney who understands the nuances of Florida’s DUI license suspension laws.

I’m going to walk you through the process and the relevant statutes and explain why hiring a private attorney is crucial to ensuring that you get the best possible outcome in your case.

The DUI License Suspension Process in Florida

When you’re arrested for DUI in Florida, your driver’s license can be suspended in two primary ways:

  1. Administrative Suspension (DHSMV) – This happens before any court ruling and is based on the implied consent law (Florida Statutes § 316.1932). If you refuse to take a breath, blood, or urine test, or if your test results show a BAC of 0.08 or higher, your license will be automatically suspended for 6 months for a first offense or 12 months for a second or subsequent offense.
  2. Judicial Suspension (Court) – If you’re convicted of DUI under Florida Statutes § 316.193, the judge may impose additional suspension as part of your sentencing. The court can suspend your license for 180 days to 1 year after a first offense or up to 5 years for subsequent offenses.

The law allows for two distinct legal actions against your license — one administrative (through the DHSMV) and one criminal (through the courts). However, you only have 10 days to request a formal review hearing to contest the administrative suspension. If you miss that deadline, you lose your right to contest the suspension at all.

This is where having an attorney makes a significant difference. A private DUI lawyer can quickly file the proper paperwork and request a formal review hearing to challenge the suspension before it goes into effect.

Florida Statutes That Govern DUI License Suspensions

Understanding Florida Statutes § 316.1932 and § 316.193 is crucial when it comes to your DUI case and the potential suspension of your license.

  • Florida Statutes § 316.1932 – This statute covers the implied consent law and the mandatory testing for drivers suspected of DUI. If you refuse a breath, blood, or urine test after a lawful DUI arrest, you face automatic suspension of your license, even if you haven’t been convicted of DUI.
    • First Refusal (without prior DUI conviction): Automatic 1-year suspension.
    • Second Refusal (within 5 years): 18-month suspension.
    • Third Refusal (within 10 years): 5-year suspension.
  • It’s important to understand that refusing a test doesn’t mean the case goes away. Law enforcement can still use other evidence to convict you, and a refusal can enhance your penalties if convicted.
  • Florida Statutes § 316.193 – This statute deals with the criminal aspects of DUI, and it provides for the suspension of your driver’s license as part of your sentencing.
    • First DUI conviction: Your license will be suspended for 180 days to 1 year.
    • Second DUI conviction (within 5 years): Your license will be suspended for 5 years, and you may be required to install an ignition interlock device in your vehicle.
    • Third DUI conviction (within 10 years): Your license will be permanently revoked.

These statutes make clear that both your implied consent violation and your DUI conviction can affect your driving privileges, but they are two different proceedings that can be contested differently.

Defenses to DUI License Suspension

You might wonder, “Is there anything I can do to fight this suspension?” The answer is yes—and hiring a private attorney gives you the best chance of challenging the suspension.

Here are some defenses that may apply to your case:

  1. Improper Stop or Arrest
  2. If the officer didn’t have probable cause to stop you in the first place, your DUI arrest may be invalid. Without a valid arrest, there can be no administrative suspension or DUI conviction.
  3. Improper Testing Procedures
  4. For the implied consent suspension, if the officer didn’t properly explain your rights or failed to follow proper testing protocols (i.e., calibration of the breathalyzer), this may provide grounds to challenge the administrative suspension or test results.
  5. Refusal Was Based on Medical Conditions
  6. If you refused the chemical test due to a medical condition that made the test dangerous or unfeasible, this can be a defense to an implied consent violation. Medical conditions like asthma or allergic reactions to substances can sometimes play a role.
  7. No Evidence of Impairment
  8. If the breath, blood, or urine test was flawed, or if the results were misinterpreted, this can be grounds for challenging both the administrative suspension and the DUI conviction.
  9. Failure to Provide Evidence of Alcohol or Drugs
  10. If you took a breath test and your BAC was below 0.08, or if there was no evidence of drugs or alcohol in your system from the blood or urine test, you can challenge both the criminal DUI charges and the license suspension.

Real-Life Example: Winning a DUI License Suspension Case

Let me tell you about one of my cases. A client came to me after being arrested for DUI. They had refused the breathalyzer test, which automatically led to a 1-year license suspension. The client was extremely worried because they were facing not just the suspension but also the criminal DUI charge.

After reviewing the case, I found a major flaw. The officer had not properly informed my client of their right to refuse the test under Florida’s implied consent law. In fact, the officer’s report indicated that they didn’t give my client a clear explanation of the consequences of refusal.

I filed a motion to suppress the suspension, and the DHSMV hearing officer agreed. The administrative suspension was overturned, and my client was able to retain their license while we fought the criminal DUI charge.

This is why you need an attorney. There are legal details that can make or break your case, and a lawyer who understands Florida DUI laws can help protect your rights and your ability to drive.

Why You Need a Private DUI Attorney to Handle Your License Suspension

The consequences of a DUI conviction can be life-altering, especially when it comes to your driver’s license. Florida’s DUI laws are tough, and the administrative suspension process is extremely time-sensitive. That’s why it’s so important to hire a private attorney as soon as possible.

A private DUI attorney will:

  • Ensure you meet all deadlines and request a formal review hearing within the required 10 days.
  • Analyze the facts of your case, including the arrest details and test results, to find defenses that can get your suspension reduced or dismissed.
  • Challenge evidence, including test results, officer reports, and witness testimony.
  • Represent you in DHSMV hearings and in court, fighting to keep your driving privileges intact.

By hiring a lawyer early, you give yourself the best chance to protect your driver’s license, avoid unnecessary penalties, and potentially keep your job and personal life from being disrupted.

If you’ve been arrested for DUI and are facing a license suspension, don’t wait. The sooner you get a skilled DUI attorney involved, the better your chances of defending your license and minimizing penalties.

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 – DUI License Suspension in Florida

What happens if I don’t request a hearing within 10 days of my DUI arrest?

If you miss the 10-day deadline to request a formal hearing to contest your administrative license suspension, you will lose your right to contest the suspension. Your license will be automatically suspended, and you may not be able to drive during that period.

Can I get a hardship license if my license is suspended?

Yes, under certain conditions, you can apply for a hardship license in Florida. This is a limited license that allows you to drive for specific purposes, such as work, school, or medical appointments. However, it’s not automatic, and an attorney can help guide you through the application process.

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

If convicted of DUI, your license can be suspended for 180 days to 1 year. If you refused a breath test, the suspension can be 6 months for a first offense under Florida’s implied consent law.

Can I fight my DUI license suspension even if I failed the breath test?

Yes, even if you failed the breath test, you may have valid defenses to contest the administrative suspension or the criminal DUI charge. These defenses could include improper testing procedures, faulty equipment, or violations of your rights.

Do I need a lawyer to request a hardship license in Florida?

While you don’t technically need a lawyer to apply for a hardship license, having an experienced attorney can increase your chances of success. A lawyer can help prepare the necessary documents, attend the hearing, and argue on your behalf to maximize your chances of getting a hardship license.

What is the difference between administrative and judicial license suspension?

Administrative suspension occurs immediately after a DUI arrest, often due to refusing a chemical test or having a BAC of 0.08 or more. Judicial suspension happens after you are convicted of DUI in court. Both types of suspensions can affect your driving privileges but are handled differently in terms of procedure and legal rights.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you’ve been arrested for DUI and are facing a license suspension, don’t wait. The sooner you get a skilled DUI attorney involved, the better your chances of defending your license and minimizing penalties.

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.