Administrative Suspension For DUI


ADMINISTRATIVE SUSPENSION FOR DUI IN FLORIDA

When you are arrested for a DUI, the police officer will confiscate your driver’s license and issue you a 10-day temporary permit, provided you are otherwise eligible, which will expire at midnight of the 10th day following the date of your arrest.  Additionally, your driver’s license will be suspended by the Department of Highway Safety and Motor Vehicles (DHSMV) from the date of your arrest.

The suspension periods are as follows:

  • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
  • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
  • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
  • Second or Subsequent Suspensions for Refusal: 18 months.

TEN DAY RULE FOR DUI IN FLORIDA

Within 10 calendar days from the date of arrest you must either:

  • Request a formal or informal review hearing to challenge your driver’s license suspension; or
  • Waive a formal or informal review hearing.

REQUEST A FORMAL OR INFORMAL REVIEW HEARING IN FLORIDA

Upon your timely request for a formal or informal review hearing, you will be issued a 42-day driving permit which restricts your driving privilege to “business purpose only”. “Business purpose only” is defined as a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.

If you request a formal hearing, the DHSMV must schedule a hearing within 30 days after your request which will be held before a hearing officer. The hearing officer will determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension.

If you prevail at your formal hearing, then you can go get a duplicate driver’s license with no restrictions.

If you do not prevail at your formal hearing, then you will suffer a “hard time” suspension which means that you cannot drive for any purpose. The “hard time” suspension periods are as follows:

  • Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 30 days.
  • Suspension for Refusal to Submit to Breath Test: 90 days.

Once the “hard time” suspension expires you can apply for a business purpose only license once you have enrolled in DUI school.

WAIVE A FORMAL OR INFORMAL REVIEW HEARING IN FLORIDA

If you waive a formal or informal hearing, then you can apply for a business purpose only license once you have enrolled in DUI school.

HARDSHIP LICENSE PROHIBITED IN FLORIDA

  • Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
  • Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.