What Happens to Your License After a DUI Arrest in Florida?

A DUI arrest in Florida can trigger immediate consequences, many of which affect your ability to drive. While most people focus on the criminal case, the arrest also sets off a separate process with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This administrative side can move quickly, and drivers often find themselves facing license suspension before their court case is even resolved. Understanding what happens to your license, and the steps you can take to protect it, is critical after a DUI arrest.

The Immediate License Suspension

When someone is arrested for DUI in Florida, the officer will usually confiscate their physical driver’s license on the spot. This happens in two situations:

• The driver’s blood alcohol concentration (BAC) is measured at 0.08% or higher.

• The driver refuses to take a breath, blood, or urine test when lawfully requested.

In both cases, the law authorizes an immediate administrative suspension. For a first offense, a BAC of 0.08% or higher results in a six-month suspension, while a refusal results in a one-year suspension. If the driver has previous refusals, the suspension period is even longer.

The 10-Day Deadline

Although the arrest triggers a suspension, the driver is not left completely without the ability to drive right away. The DUI citation given by the officer acts as a temporary driving permit for 10 days from the date of arrest. This is a critical window because it is the only time you have to request a formal review hearing with the DHSMV.

If you do not request a hearing within this 10-day period, the suspension automatically takes effect once the temporary permit expires. Many drivers are unaware of this deadline, which can lead to losing driving privileges much sooner than expected.

The DHSMV Formal Review Hearing

The DHSMV hearing is separate from the criminal DUI case. Its sole purpose is to determine whether the license suspension should stand. At the hearing, the hearing officer considers evidence such as:

• The arrest report and police testimony

• The results of breath, blood, or urine tests

• Whether the officer had legal grounds to stop and arrest the driver

• Whether proper procedures were followed during testing and arrest

Having a defense attorney at this stage can be valuable. A lawyer can challenge the legality of the traffic stop, question the accuracy of the breath test, and point out procedural errors. If successful, the suspension may be lifted, allowing the driver to keep their license while the criminal case proceeds.

Hardship License Options

If the suspension is upheld, some drivers may qualify for a hardship license, which allows limited driving privileges for essential purposes such as work, school, or medical appointments. Eligibility depends on the circumstances of the arrest and whether the driver has prior DUI convictions.

For a first DUI offense:

• Drivers who took the breath test may be eligible for a hardship license immediately after a short “hard suspension” period, provided they enroll in DUI school.

• Drivers who refused testing may have to wait 90 days before applying for a hardship license.

Repeat DUI offenders face stricter rules, longer waiting periods, and in some cases, no eligibility at all.

Criminal Case Outcomes and License Penalties

The criminal side of a DUI case can also affect your license. If you are convicted of DUI in court, the judge will impose a mandatory license revocation. The length of revocation depends on the offense:

• First conviction – Minimum of 180 days and up to one year.

• Second conviction within five years – Minimum of five years.

• Third conviction within ten years – Minimum of ten years.

• Fourth or subsequent conviction – Permanent revocation.

These revocations are in addition to any administrative suspensions from the DHSMV. In some cases, the periods may overlap, but they often stack to create a longer overall loss of driving privileges.

Ignition Interlock Requirements

For certain DUI convictions, especially those involving high BAC levels or repeat offenses, Florida law requires installation of an ignition interlock device. This device measures alcohol levels before the vehicle can start. The driver is responsible for the cost of installation and monthly maintenance, which can be several hundred dollars over the required period.

An ignition interlock is often a condition of reinstating full driving privileges after a DUI-related suspension or revocation.

The Role of DUI School

DUI school is a mandatory education and evaluation program for most DUI offenders in Florida. Completion is usually required before the DHSMV will consider reinstating a license or granting a hardship license.

The program involves classroom instruction about alcohol’s effects on driving, the legal consequences of impaired driving, and strategies for avoiding future violations. It also includes an evaluation to determine whether substance abuse treatment is needed.

Failing to complete DUI school can prevent reinstatement, even if all other requirements are met.

Defending Against License Suspension

While losing your license after a DUI arrest may seem inevitable, there are legal strategies that can help. A skilled criminal defense attorney can challenge the evidence in both the DHSMV hearing and the criminal court case. Potential defenses include:

• Questioning whether the officer had probable cause to make the stop.

• Challenging the accuracy and calibration of breath test machines.

• Pointing out procedural violations during arrest or testing.

• Demonstrating that the driver’s BAC was below the legal limit at the time of driving.

Even if the criminal case cannot be dismissed entirely, it may be possible to negotiate for reduced charges that carry less severe license consequences.

Why Acting Quickly Matters

The most important thing to remember after a DUI arrest in Florida is that time is limited. The DHSMV process moves on its own timeline, and missing the 10-day window to request a hearing can have lasting consequences. Early legal intervention can preserve more options for keeping your license and minimizing the impact of the arrest.

Conclusion

A DUI arrest in Florida can affect your driver’s license immediately and in the long term. From administrative suspensions that begin within days to criminal penalties that follow a conviction, the process is complex and unforgiving. Knowing your rights, understanding the deadlines, and taking action early can make the difference between losing your license for months or years and retaining limited driving privileges.

Working with an experienced DUI defense lawyer is the most effective way to navigate the administrative and criminal processes while protecting your ability to drive.