DUI License Suspension defense in Florida.
A Florida DUI arrest can affect your license twice: once through an administrative suspension by DHSMV, and again through a court ordered revocation if there is a conviction. This page explains both and how they fit together. Available 24 hours a day.
How soon is a license suspended after a DUI arrest in Florida?
The administrative suspension follows the arrest, not a conviction. There are 10 days from the arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), and if no request is made, the suspension takes effect. This administrative track runs on its own schedule, separate from the criminal case.
When the arrest involved a breath test refusal, the administrative suspension is one year for a first refusal and 18 months for a second, with the second refusal also charged as a first degree misdemeanor.
Suspension by DHSMV versus revocation by the court
The two tracks produce two different kinds of license loss. The administrative suspension is DHSMV's action after the arrest. A revocation is part of the penalties after a DUI conviction: 180 days to 1 year for a first conviction, at least 5 years for a second within 5 years of a prior conviction, and at least 10 years for a third within 10 years.
How the two periods relate to each other depends on the circumstances, so a driver's full timeline is mapped out early rather than assumed.
Limited driving during a suspension
A hardship or business purposes only license may be available during some suspensions. Eligibility depends on the type of suspension and the driver's record, and DUI school enrollment is part of the process. A refusal suspension, a first conviction and a repeat conviction can each lead to different answers.
After a conviction, Florida also requires FR-44 proof of insurance, which carries higher liability limits than standard coverage. Ignition interlock can be required after certain convictions, such as those involving 0.15 or higher, a minor in the vehicle, or repeat offenses.
Out of state drivers and Florida suspensions
A DUI case is prosecuted in the county where the arrest happened, not where the driver lives. A Florida suspension can be reported to the driver's home state, so visitors and drivers licensed elsewhere can face license questions in more than one place.
Reviewing a suspension case involves the arrest paperwork, the test records, the driving record and the timing of each deadline. DUI Lawyers Shield Firm handles the administrative hearing and the criminal case side by side.
Other DUI defense pages
- First Time DUI
- Second DUI
- Third DUI
- Felony DUI
- DUI Manslaughter
- DUI With Serious Bodily Injury
- Underage DUI
- Commercial DUI (CDL)
- DUI With Drugs
- Boating Under the Influence (BUI)
- Breathalyzer Refusal
- Field Sobriety Test Defense
- Blood Test Defense
- License Reinstatement
- DMV Formal Review Hearing
- Ignition Interlock Device
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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