If you’ve been arrested for DUI in Florida, the criminal charges are only part of the equation. A DUI arrest can have immediate and long-lasting effects on your driver’s license even before your criminal case goes to court.
If during your arrest you took a breath or blood test and had an alcohol level above .08 or if you refused to submit to a lawful request for such testing, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) will immediately begin the process of administratively suspending your driver’s license. Understanding this collateral consequence is critical to protecting your ability to work, care for your family, and maintain your independence.
Use the resource below to learn what’s at stake and how Showalter Law can help you fight to keep your license.
First Offenses
Suspension | Hard Time | Statutes | |
BAC .08 or higher | 6m | 30d | 322.2615(8)(b); 322.2615(10)(b) |
Refusal | 12m | 90d | 322.2615(8)(a); 322.2615(10)(a) |
Second Offenses
Suspension | Hard Time | Statutes | |
Breath | |||
Prior was refusal | 6m | 30d | 322.2615 (8)(b); 322.2615(10)(b) |
Prior was BAC | 12m | 30d | 322.2615(8)(b); 322.2615(10)(b) |
Refusal | |||
Prior was BAC | 12m | 90d | 322.2615(8)(a); 322.2615(10)(a) |
Prior was refusal | 18m | 18m | 322.2615(8)(a); 322.271(2)(a) |
Third offenses
| Suspension | Hard Time | Statute |
Breath | 12m | 12m | 322.2615(8)(b); 322.271(2)(a) |
Refusal | |||
All priors BAC | 12m | 12m | 322.2615(8)(a); 322.271(2)(a) |
Any prior a refusal | 18m | 18m | 322.2615(8)(a); 322.271(2)(a) |
Hardship License
If your driver’s license has been administratively suspended, you may be eligible to apply for a hardship license that allows limited driving for work, school, or necessary life activities. You cannot get a hardship license during the hard time portion of a suspension.
Administrative Review
There are two common ways of addressing an administrative DUI suspension: Review Waiver and a Formal Review Hearing, either option must be elected within ten (10) days of your arrest, so it is important to act quickly.
1. Review Waiver
If you have no prior DUI convictions instead of contesting the suspension, you may be eligible to waive your right to a review hearing and immediately apply for a hardship license. While this gives up your right to contest the suspension it removes the hard time portion of the suspension allowing an expedited path to getting a hardship license.
- First offense
- Must be enrolled in DUI school
2. Formal Review Hearing
A formal review hearing is an administrative proceeding held by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to determine whether your driver’s license suspension should be upheld or overturned after a DUI arrest. It’s your opportunity to challenge the suspension, present evidence, and question witnesses. In addition to possibly getting the suspension overturned, requesting a formal hearing also delays the start of any hard time suspension.
At the hearing the officer must provide [1]:
- An affidavit stating officer’s grounds for belief that the driver committed a DUI
- The results of any breath or blood testing, or
- An affidavit stating a breath, blood, or urine test was requested and the person refused to submit
- The officer’s description of the person’s field sobriety exercises
[1] 316.2615(2)(a)