After a DUI arrest in Florida, you may leave jail with paperwork stating that your driver’s license has been suspended. That can create immediate questions. Can you still drive? When does the suspension start? And what exactly are you supposed to do within 10 days?
The answers matter because a Florida DUI arrest can trigger an administrative driver’s license suspension that is separate from the criminal DUI case. You have a limited amount of time to decide how to address that suspension.
Why Does a DUI Arrest Affect Your Driver’s License?
Florida law allows the Department of Highway Safety and Motor Vehicles (DHSMV) to administratively suspend a person’s driving privilege following certain DUI arrests.
An administrative suspension may occur when a driver has an unlawful blood-alcohol or breath-alcohol level of .08 or higher. A suspension can also result when a driver refuses to submit to a lawful breath, blood, or urine test.
This suspension is separate from any driver’s license consequences that could result from a DUI conviction.
In other words, you do not have to be convicted of DUI before an administrative suspension can begin.
Can You Drive During the First 10 Days?
If you are otherwise eligible, the officer generally takes your driver’s license and issues a 10-day temporary driving permit along with the notice of suspension.
That temporary permit expires at midnight on the 10th day following the date the notice of suspension was issued.
It is important to read the paperwork you received carefully rather than assuming you can continue driving normally. Eligibility for the temporary permit and the restrictions that apply can depend on the circumstances.
What Is the 10-Day DUI Deadline in Florida?
Florida law gives a driver 10 days after the notice of suspension is issued to make important decisions about the administrative suspension.
One option may be requesting a formal or informal review of the suspension by the DHSMV. Depending on the circumstances and eligibility requirements, another option may be to seek review of a restricted driving privilege.
Waiting too long can eliminate options that may otherwise have been available.
This is why the days immediately following a Florida DUI arrest can be important even though the criminal case may have only just begun.
What Happens at a DHSMV Review?
An administrative review is not the same as a criminal DUI case.
During an informal review, a hearing officer examines materials submitted by law enforcement and the driver. A formal review provides a hearing process in which evidence can be considered, and witnesses may potentially be subpoenaed.
The issues reviewed depend on why the license was suspended.
For a suspension involving an unlawful alcohol level, the review may address whether the officer had probable cause to believe the driver was driving or in actual physical control while under the influence and whether the driver’s alcohol level was unlawful.
For a refusal suspension, issues may include probable cause, whether the driver refused the requested test, and whether the required refusal warning was given.
How Long Can an Administrative DUI Suspension Last?
The length of the suspension depends on the circumstances.
For an unlawful blood-alcohol or breath-alcohol level of .08 or higher, Florida law provides for a six-month suspension for a first administrative suspension and one year in certain subsequent cases.
A first refusal can result in a one-year administrative suspension. A qualifying subsequent refusal can result in an 18-month suspension.
These administrative consequences should not be confused with the separate penalties that may follow a DUI conviction.
Does Fighting the License Suspension Also Fight the DUI Charge?
No. The DHSMV administrative process and the criminal DUI prosecution are separate proceedings.
Challenging an administrative suspension does not automatically resolve the DUI charge. Likewise, what happens in the criminal case does not necessarily determine what happens with the administrative suspension.
That means both sides of the case may require attention soon after the arrest.
What Should You Do After Receiving a Florida DUI Suspension Notice?
Do not put the citation and suspension paperwork aside while waiting for your first court date. The 10-day administrative deadline can arrive long before the criminal DUI case is resolved.
Understanding why your license was suspended, when your temporary permit expires, and what review options may be available can help you make informed decisions during those first days after an arrest.
If you have been arrested for DUI in Orlando or elsewhere in Florida, Katz & Phillips can review your DUI case and the driver’s license issues that may need to be addressed within the 10-day window.
