Understanding DUI License Suspension in Florida
A Florida DUI license suspension can hit fast—sometimes before you’ve even had a first court date. Once law enforcement takes your license, the countdown starts on critical deadlines, including whether you can challenge the suspension through a DMV hearing and whether you may qualify for a hardship license.
If you’re facing a DUI in Broward County or anywhere in South Florida, you may also want to review Mayersohn Law Group’s
DUI Defense page and this step-by-step guide on what to do right after an arrest:
What to Do Immediately After a DUI Arrest in Florida.
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What Triggers a Florida DUI License Suspension?
A Florida DUI license suspension generally starts in one of two ways:
- Administrative suspension (DMV/FLHSMV): typically starts right after arrest if the officer alleges a breath/blood result at or above the legal limit,
or if you refuse testing. - Court-ordered suspension: can be imposed after a DUI conviction, even if you fought (or won) parts of the administrative process.
Florida’s administrative suspension process is commonly tied to Florida Statute § 322.2615. In many cases, you receive a short temporary permit and a limited window to request a hearing—often referred to as Florida’s “10-day rule”.
Administrative vs. Court-Ordered Suspension
This is the part most people don’t hear until it’s already happening: DUI cases often run on two parallel tracks.
One is your criminal case, and the other is the administrative license action through FLHSMV. :contentReference[oaicite:2]{index=2}
- Administrative suspension focuses on issues like whether the officer had legal cause, whether testing was requested properly, and what the reported result/refusal was.
- Court-ordered suspension is sentencing-related and can apply after conviction.
If your DUI involves alleged refusal, this can raise the stakes immediately. Related reading:
Refusing a Breathalyzer Test: Consequences and Rights.
DMV Hearing: Your Next Step (Formal Review Hearing)
The formal review hearing (DMV hearing) is your chance to contest the automatic suspension. If you do not request it within the required time window, your ability to challenge the administrative suspension can be lost, and the suspension typically goes into effect automatically.
- Deadline: commonly referred to as the 10-day rule from the date of arrest.
- What happens: the hearing officer reviews evidence and determines whether the administrative suspension stands.
- Why it matters: it can affect your driving privileges while the criminal case is pending.
Mayersohn Law Group discusses the urgency of acting within the 10-day window here: What to Do Immediately After a DUI Arrest in Florida. Administrative hearing rules are also addressed in Florida administrative procedure regulations, including Rule 15A-6.013.
Suspension Lengths and Eligibility
Suspension length depends on the case type (breath/blood result vs. refusal), your prior record, and whether the state alleges enhancements.
For the official chart, see: FLHSMV DUI Administrative Suspension Chart.
| Offense Type | Administrative Suspension (Common Ranges) | Court-Ordered Suspension (Varies) | Hardship License Eligible? |
|---|---|---|---|
| 1st Offense (BAC .08+) | Often 6 months | Often 6–12 months | Often yes (eligibility depends on timing and compliance) |
| Refusal | Often 1 year | Often 6–12 months | Sometimes (restrictions and waiting periods may apply) |
| 2nd Offense | Often longer than a first | Can be much longer (especially within a 5-year window) | Maybe (depends heavily on prior history) |
| 3rd Offense | Often longer than a second | Can be long-term | Limited; typically only after significant time and strict requirements |
If you’re dealing with repeat-offense exposure, see: Second Offense DUI Attorney.
Hardship License and Driving Privileges
A hardship license may allow restricted driving for work, school, medical needs, or other essential purposes during a Florida DUI license suspension. Hardship eligibility is fact-specific, and missing deadlines can make the process harder.
In many situations, hardship eligibility requires steps like:
- Enrolling in DUI school: FLHSMV DUI School
- Paying reinstatement/administrative fees (amounts vary)
- Providing proof of compliance and eligibility
Mayersohn Law Group also notes that the hearing process can be connected to hardship issues:
License Reinstatement After a DUI Suspension
License reinstatement after a DUI suspension commonly involves multiple items—some from the court side and others from FLHSMV.
While the exact checklist depends on your case, many drivers are required to:
- Pay court and administrative fees
- Complete DUI school and any required evaluation/treatment
- Maintain FR-44 insurance if required after conviction (this often means higher liability coverage and higher premiums).
Mayersohn Law Group discusses FR-44 in the context of DUI consequences here: Second Offense DUI Attorney. - Finish probation/community service if ordered
For payment links and case-related forms, your county clerk can matter. Examples:
Broward County Clerk of Courts,
Palm Beach County Clerk & Comptroller,
and the statewide directory:
Florida Clerks of Court.
The Impact: More Than Just Driving
A Florida DUI license suspension can affect far more than transportation. Common ripple effects include:
- Employment: commuting issues, missed work, job risk for drivers or licensed professionals
- Insurance: premium increases and, in some cases, policy changes after DUI-related actions
- Family logistics: school drop-offs, appointments, caregiving responsibilities
- Case leverage: administrative consequences can pressure people into rushed decisions in court
If your DUI arrest involved alleged property damage or a crash, that can change the posture of the case quickly:
DUI with Property Damage: Felony Charges Explained.
FAQs About Florida DUI License Suspension (Table)
| Question | Answer |
|---|---|
| How long do I have to request a DMV hearing after a DUI arrest? | In many cases, you have a short deadline commonly called Florida’s “10-day rule.” Missing it can mean the suspension goes into effect automatically. See the 10-day guidance here. |
| Is the DMV suspension separate from my criminal DUI case? | Yes. Administrative license action can move forward even while your criminal case is pending. |
| Does refusing a breath test stop a DUI case? | No. Refusal can trigger license consequences and can still leave you facing DUI prosecution. Read more about refusal consequences. |
| Can I get a hardship license after a DUI suspension? | Sometimes, depending on your record and the type of suspension. DUI school enrollment and strict compliance are commonly required. |
| What’s the fastest way to protect my license after a DUI arrest? | Act immediately, document what happened, and address the administrative deadlines early. Start with this arrest checklist. |
Official Resources
| Resource | Use |
|---|---|
| Florida Statutes § 322.2615 | Administrative suspension procedures after DUI arrest |
| Florida Statutes § 316.193 | DUI definition and penalty framework |
| Florida Statutes § 316.1932 | Implied consent and refusal consequences |
| FLHSMV | Driver license status, hearing processes, and program info |
| FLHSMV Administrative Suspension Chart | Official suspension chart by scenario |
| Rule 15A-6.013 | Administrative procedure rule for review hearings |
Talk to a Fort Lauderdale DUI Lawyer About Your Suspension
If your license is on the line after a DUI arrest, the key is moving early—before deadlines close and before a temporary permit expires.
Mayersohn Law Group represents clients across South Florida and focuses on evidence-driven DUI defense.
Mayersohn Law Group, P.A.
500 E. Broward Blvd, Suite 1580, Fort Lauderdale, FL 33394
Tel: 954-765-1900
DUI Defense |
Criminal Defense |
DUI Arrest Next Steps
Disclaimer: This page is for general information only and does not create an attorney-client relationship. Every case depends on its facts.
