A Driving Under the Influence (DUI) sets two separate legal proceedings in motion, and they move on different timelines. The criminal case unfolds in court over weeks or months, while an administrative action against your license begins almost at once. Knowing how these tracks operate can inform the decisions you face after an arrest.
Facing an immediate suspension
The Florida Department of Highway Safety and Motor Vehicles manages your driving privilege apart from the criminal court. This administrative suspension can apply even when the state dismisses the charge or a jury returns an acquittal.
At the scene, the arresting officer usually takes your physical license and issues a citation that serves as a notice. That citation also works as a temporary permit for the first 10 days after the arrest, provided your driving privilege is otherwise valid.
The length of the suspension depends on the circumstances of the arrest, and state law sets the applicable periods. For example, a first offense with a breath or blood alcohol level of 0.08 or higher generally carries a six-month duration.
A first refusal to submit to chemical testing also carries a one-year suspension. A second refusal extends that term to 18 months and forecloses eligibility for a hardship license.
Requesting a formal review hearing
The 10-day permit gives you a short window to decide how to respond. Within that time, you may petition the department for a formal review hearing to contest the suspension.
At that hearing, an officer reviews whether the required facts and procedures supported the suspension. If they invalidate it, it is cleared from your record, and your full driving privilege can return.
The written request must reach the Bureau of Administrative Reviews before the deadline, along with the required filing fee. Missing that deadline allows the suspension to take effect without further review.
Pursuing a hearing is one course, and waiving it to apply for a restricted license right away is another—though this option is exclusively available to first-time offenders. The option that fits depends on your priorities, your driving history and the particulars of the case.
Pursuing a hardship reinstatement
Even when a suspension stands, Florida allows certain drivers to seek a hardship license. This restricted license permits limited driving for business or employment purposes during the period.
Eligibility is limited, and the rules grow stricter with prior offenses. Drivers with two or more refusals, for example, generally do not qualify for hardship reinstatement.
Weighing your defense options
Defending against the DUI charge begins with what the state must prove. It must show that you drove or were in physical control of a vehicle while impaired, or that your breath or blood alcohol level reached 0.08 or higher. Each element opens a line of inquiry, starting with whether the officer had a lawful basis for the stop.
Medical conditions such as acid reflux or diabetes can affect a breath reading, and field sobriety exercises carry known limits as a measure of impairment. Where procedures were not followed, a motion to suppress may keep certain evidence out and alter the course of the case.
Depending on the facts, resolution may also involve negotiation, a reduced charge where the law permits, or enrollment in a diversion program offered in some jurisdictions for eligible first offenders. What this leaves you with is a clearer map of where an attorney can contest the case.