Understanding Florida's DUI Arrest Administrative License Suspension

Administrative License Suspension After a DUI Arrest in Florida - Section 322.2615, Florida Statutes

If you are arrested for DUI in Florida, your driver’s license can be immediately suspended, even before your criminal case is resolved. This is known as an administrative license suspension (ALS), and it is handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), not the criminal court.

Immediate Suspension at the Time of Arrest

After a DUI arrest, the officer will:

• Take your physical driver’s license

• Issue a Notice of Suspension

• Provide a 10-day temporary driving permit (if eligible)

This temporary permit allows you to drive for 10 days, but action must be taken quickly to protect your driving privileges.

Two Types of Suspensions

Your license suspension depends on what happened during the DUI investigation:

1. Unlawful Blood or Breath Alcohol Level (0.08 or Higher)

• First offense: 6-month suspension

• Prior administrative suspension: 12-month suspension

  
  

2. Refusal to Submit to Testing

• First refusal: 12-month suspension

• Second or subsequent refusal: 18-month suspension

Refusing a test typically results in harsher penalties than failing one.

The 10-Day Deadline Is Critical

You only have 10 days from the date of arrest to request a review hearing with DHSMV.

If you do nothing:

• Your license will be automatically suspended after the 10-day permit expires

• You lose the opportunity to challenge the suspension early

  
  

Options to Challenge the Suspension

You can request either:

Informal Review

• No hearing appearance required

• DHSMV reviews documents submitted by the officer and driver

  
  

Formal Review Hearing

• A more powerful option

• Allows your attorney to:

  • Subpoena the arresting officer

  • Cross-examine witnesses

  • Challenge probable cause and test results

At the hearing, the officer must prove issues like:

• Whether there was probable cause for the DUI stop/arrest

• Whether your BAC was actually 0.08 or higher, or

• Whether you were properly warned before refusing testing

Important Things to Know

• The administrative suspension is separate from your criminal DUI case

• Winning or losing your criminal case does not automatically control the license suspension

• However, a not guilty verdict can invalidate a suspension based on unlawful BAC 

• Statements made during the license hearing cannot be used against you in your criminal trial 

  
  

Why This Matters

Administrative suspensions move fast and can seriously impact your ability to work and handle daily responsibilities. The 10-day window is often the most important opportunity to fight back and preserve your driving privileges.

Talk to a Tampa DUI Defense Attorney

If you’ve been arrested for DUI in Tampa or the surrounding area, acting quickly can make a significant difference. An experienced criminal defense attorney can:

• Request and handle your DHSMV hearing

• Challenge the legality of the stop and arrest

• Work to invalidate the suspension or secure a hardship license