What You Do in the First 10 Days Can Change Everything—Why You Need a Florida DUI Defense Attorney Right Now

The Administrative Hearing and the DUI Court Case Are Two Different Battles

If you've been arrested for DUI in Florida, your case is now moving along two separate tracks—one with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and the other in the criminal court system. The outcome of one can influence the other, but they are not the same. As a Florida DUI Defense Attorney, I’ve had countless clients ask whether winning or losing the administrative hearing will affect the criminal charges they face in court. The short answer is: it can, but not always how you think.

Under Florida Statutes §322.2615, the DHSMV has the authority to suspend your driver's license immediately if you either refused to submit to a breath, blood, or urine test, or if you submitted and your BAC (Blood Alcohol Content) was 0.08 or higher. This suspension is administrative, and separate from any court-ordered penalties. But you only have ten calendar days from the date of arrest to request a formal review hearing to challenge it. If you do nothing, the license suspension becomes effective automatically.

That ten-day window is a critical opportunity, not only to protect your ability to drive, but to begin your DUI defense strategy. This is where hiring a private DUI lawyer makes a difference. Most public defenders won’t represent you at the administrative hearing because it’s not technically part of the criminal court process. I step in immediately, file the request, obtain a temporary driving permit for you, and use that hearing as the first move in your defense.

What Is the DHSMV Administrative Hearing?

The administrative hearing is handled by a DHSMV hearing officer, not a judge. The hearing is limited to just a few specific issues under §322.2615(7), including:

  • Whether the arresting officer had probable cause to believe you were driving or in actual physical control of a vehicle while under the influence.

  • Whether you submitted to a test and the results were 0.08 or above, or whether you refused testing after being properly warned of the consequences.

This process is not about whether you are guilty or innocent under the law, but it does offer the first opportunity to examine the arrest report, get sworn statements from officers, and identify inconsistencies. What we uncover in the administrative hearing can often be used to your advantage in the criminal case.

What Happens If You Win the Hearing?

If we win the hearing, your license suspension is invalidated and you regain full driving privileges. This result does not automatically lead to dismissal of your DUI charge, but it can weaken the state’s position in criminal court. It suggests there were problems with probable cause, testing procedures, or refusal warnings. I’ve had prosecutors drop or reduce DUI charges after a favorable administrative hearing because their key evidence was already on shaky ground.

What Happens If You Lose the Hearing?

Losing the administrative hearing means the suspension remains in place. If this is your first DUI and you failed the breath test, your license is suspended for six months. If you refused, it’s a 12-month suspension. But even if we lose the hearing, the process gives us an early look at the state’s case and gives me a chance to lock in officers’ statements under oath—something that can help tremendously in criminal court.

I always tell my clients: the hearing is worth it even if we don’t win. You don’t get a second shot at gathering this information early in the process. Public defenders won’t help you here. But I will.

Florida DUI Statutes That Apply

Let’s take a closer look at the key laws that control both parts of your case:

Florida Statute §322.2615 – Administrative Suspension of Driver’s License

“The department shall suspend the driver license of a person who was driving or in actual physical control of a motor vehicle and who had an unlawful blood-alcohol level or who refused to submit to a test, if the person was lawfully arrested for DUI.”

Florida Statute §316.193 – DUI Criminal Offense

“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... has a blood-alcohol level of 0.08 or more grams... or is under the influence of alcoholic beverages or any chemical substance... to the extent the person’s normal faculties are impaired.”

These two laws function independently but interact in meaningful ways. Evidence or procedural flaws we uncover during the administrative process can later be used to challenge the DUI charge under §316.193.

Common DUI Defenses That Arise During the Administrative Hearing

Some of the most effective DUI defenses begin at the DHSMV stage. Here’s what we often find:

  • Lack of Probable Cause: The officer may not have had legal justification to stop you in the first place.

  • Unlawful Detention: A routine stop extended without cause can make all the evidence inadmissible.

  • Improper Testing Procedures: We often challenge the maintenance records or calibration of the breathalyzer.

  • Failure to Properly Inform of Refusal Consequences: If you weren’t clearly told that refusing the test would lead to a suspension, the refusal may be invalid.

  • Medical Conditions or Mouth Alcohol: Certain conditions or recent dental work can give false high BAC readings.

I don’t wait until your first court date to start finding these problems. I use the administrative hearing to expose them early, which strengthens your position in court.

Real Case Example: A Win That Started at the Hearing

One of my recent clients, a middle-aged professional from Tampa, was pulled over after leaving a work event. He submitted to a breath test that showed a BAC of 0.10. The arresting officer claimed he was swerving and had slurred speech.

We immediately requested a DHSMV hearing within the ten-day window. At that hearing, we uncovered that the dashcam footage didn’t show any swerving, and the arrest report contained two different BAC readings. I used this to challenge the chain of custody of the breath samples.

While we lost the administrative hearing (due to technical compliance), we had already undermined the officer’s credibility. In criminal court, I filed a motion to suppress the breath test. The judge granted it. Without that evidence, the prosecutor offered a reckless driving plea with no DUI conviction, no license suspension, and no probation. My client kept his job and his clean record.

That outcome wouldn’t have been possible without starting at the administrative hearing.

Why You Need a Private Florida DUI Defense Attorney for This Process

This is not a situation where you can afford to wait. The administrative hearing won’t be postponed simply because you’re unsure what to do. And most public defenders won’t be involved until the criminal arraignment. By then, it’s often too late to challenge the license suspension or gather crucial early evidence.

As a private Florida DUI Defense Attorney, I handle both the DHSMV and the criminal side from day one. That unified strategy is how we uncover flaws, protect your license, and give you the best chance of avoiding a conviction. I treat your case like it’s going to trial, even if it settles. That’s the difference.

Florida DUI Defense Frequently Asked Questions (FAQs)

How is the administrative hearing different from my criminal DUI court case?
The administrative hearing is conducted by the DHSMV and is focused only on whether your license should be suspended. The criminal case is handled in court and determines whether you are guilty of a DUI. The two are separate, but the hearing gives us a critical early look at the case and can set the tone for the defense.

If I win the administrative hearing, will my DUI charge be dropped?
Not automatically. But it can help your case. Winning the hearing often reveals weaknesses in the evidence or procedure. Prosecutors take note when DHSMV finds the stop or arrest was flawed. That leverage can lead to a reduced charge or dismissal, depending on other facts.

What if I missed the 10-day deadline to request a hearing?
Unfortunately, the DHSMV is strict on that deadline. If you miss it, your suspension takes effect and you lose the chance to fight it. However, we can still defend the DUI in court and pursue options like a hardship license.

Can I drive while waiting for the hearing?
Yes, if we request the hearing within 10 days, you are eligible for a temporary driving permit that allows limited driving for work or school. This permit remains valid until the hearing is held and a decision is issued.

What happens if I lose the administrative hearing?
You’ll serve the full suspension, unless you’re eligible for a hardship license. But remember, even losing can help. The hearing creates an official record we can use in criminal court. Officers’ sworn statements, procedural issues, or missing evidence can become key tools in your defense.

Why doesn’t a public defender handle the administrative hearing?
Public defenders are only appointed to criminal cases. The DHSMV hearing is considered administrative, not criminal, so it’s not covered. That’s one of the most important reasons to hire a private attorney—you need someone who can start defending you immediately and not just when court begins.

Can what happens at the hearing hurt my court case?
It can, but only if it’s not handled properly. Statements made at the hearing are under oath and recorded. If the defense isn’t carefully managed, it can create problems later. That’s why I handle both sides—so we control the information flow from start to finish.

Does everyone get an administrative hearing?
Only if you request one within 10 days of your arrest. If you don’t, the suspension is automatic. That’s why acting quickly is so important.

Florida DUI Defense Attorney – Call Musca Law Today

If you've been arrested for DUI in Florida, the clock is ticking. The administrative hearing is more than just a license issue—it’s the first step in building your criminal defense. What we learn in that hearing can affect the outcome of your entire case. That’s why it’s essential to work with a Florida DUI Defense Attorney who knows how to use every tool available.

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.