Is Your License Suspended Immediately after a DUI in Florida?

A driving under the influence (DUI) charge can carry tough penalties. This is especially true in Florida since the state is known for having some of the strictest DUI laws in the country.

But, with the help of a Tampa DUI lawyer, there are ways to possibly keep your license, even if in a limited capacity if you are arrested and charged with a DUI.

Losing Your License after a Florida DUI

When you are arrested for a DUI in Florida, your driver’s license faces an administrative suspension, but it does not happen automatically upon arrest alone. The Administrative License Suspension (ALS) is triggered when you either fail a chemical test (breath, blood, or urine showing a BAC of 0.08% or higher) or refuse to submit to a chemical test after a lawful arrest. This is a civil penalty imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under Florida’s implied consent law (§316.1932), and it is completely separate from any criminal penalties imposed by the court.

Understanding this distinction is critical: the ALS and your criminal DUI case are two separate proceedings. You can lose your license through the ALS even if you are never convicted of DUI. Conversely, if you successfully challenge the ALS, your license can be reinstated even while the criminal case is still pending.

The length of your suspension will depend on whether you have previous DUI convictions and other pending charges against you.

You will now face an uphill battle in two different arenas: the courts and the Department of Motor Vehicles (DMV). Your court battle will determine what suspensions (if any) you deserve and what driving privileges you can have once completed. Your fight with the DMV will determine what you need to do to get your driving privileges.

How Long Is the Suspension?

The length of the administrative suspension depends on whether you failed or refused the test, and whether you have prior offenses:

• First-time BAC failure (0.08% or higher): 6-month administrative suspension
• First-time chemical test refusal: 12-month administrative suspension
• Second BAC failure: 12-month administrative suspension
• Second or subsequent refusal: 18-month administrative suspension, plus the refusal itself is charged as a first-degree misdemeanor

These suspensions are in addition to any court-ordered suspension that may result from a criminal DUI conviction. The administrative license suspension process has strict deadlines that affect your ability to drive.

What Can You Do to Save Your License?

Even when your license is suspended, state law allows you to drive to places like work or school for 10 days, but you will have to keep your ticket as proof in case you ever need to present it.

Behind the scenes, the county prosecutor will begin to put together a case against you to make sure that you receive the penalties that they believe you deserve. But there are steps you can take to avoid a court hearing.

DMV Administrative Hearing Process

Florida law allows you to challenge your suspension and request a review of your case with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This must be done during your 10-day legal driving window, and the department will grant you a temporary license for an extra 42 days to conduct an investigation and see if your charges are lawful.

How to Request the DHSMV Administrative Hearing

You or your attorney must request a formal review hearing with the Florida DHSMV within 10 calendar days of your arrest. Here is how:

• By mail or in person: Submit a written request to the Bureau of Administrative Reviews at 2900 Apalachee Parkway, MS 97, Tallahassee, FL 32399
• By phone: Call the DHSMV Bureau of Administrative Reviews at (850) 617-2000
• Through your attorney: When you hire Metcalf Falls, filing this request is the first thing we do. We handle all paperwork and ensure your temporary driving permit is secured.

What you need: Your Florida Uniform DUI Citation (the ticket the officer gave you when they confiscated your license), your arrest date, and your contact information.

What happens when you file: Filing the request grants you a temporary 42-day driving permit that keeps you on the road while the hearing is pending. At the hearing, your attorney challenges the officer’s probable cause for the stop, the validity of the arrest, and the administration of the chemical test. Many ALS suspensions are overturned at this stage.

If you miss the 10-day deadline, the suspension takes effect automatically with no opportunity to challenge it and no temporary driving permit. This is the most time-sensitive deadline in your case. Call a Tampa DUI defense attorney at (813) 694-5778 immediately.

Tampa and Hillsborough County DHSMV Information

ALS hearings for Hillsborough County arrests are conducted by the DHSMV Bureau of Administrative Reviews. The local DHSMV office for driver’s license services is located at:

Hillsborough County DHSMV, multiple locations including the office at 9309 N. Florida Avenue, Tampa, FL 33612. For ALS hearing questions, contact the Bureau of Administrative Reviews at (850) 617-2000.

Your criminal DUI case will be heard separately at the Hillsborough County Courthouse (800 E. Twiggs Street, Tampa). Arraignment for DUI charges typically occurs within 21 days of arrest. The DUI court process in Florida involves several stages, from arraignment through trial or resolution.

What Are the Possible Outcomes of the Hearing?

If the department rules in your favor, your suspension could be dropped or your charges reduced. If they decide you were in the wrong, you will receive a “hard suspension” and lose all your driving privileges for up to 90 days. After that, you can apply for a hardship license which will allow you to again drive to work, school, and other places approved by the court. However, there is no guarantee you will get it.

Contact a Tampa DUI Lawyer About Your License

When you are arrested for DUI in Florida, you are fighting on two fronts: the criminal case in court and the administrative license suspension through the DHSMV. Both require experienced representation, and the 10-day DHSMV deadline waits for no one.

Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of DUI cases. He understands both the criminal and administrative processes, and he fights aggressively to protect your driving privileges.

Call (813) 694-5778 now or contact us online for a free, confidential consultation. Our Tampa DUI defense attorneys handle cases at every stage, including first-time DUI defense. We are available 24 hours a day, 7 days a week.