Last updated March 2026
⚠️ Your License Can Be Lost Before Your Case Even Begins
After a DUI arrest in Broward County, you don’t just face a criminal case — your driver’s license is at risk immediately.
The Florida DHSMV can suspend your license before you ever step into court.
For a full explanation of how DUI license suspension works — including the 10-day rule and hardship eligibility — see our guide to
Florida DUI License Suspension & the 10-Day Rule.
The key is acting quickly and understanding how the administrative process works.
⏱️ The 10-Day Deadline
Under Fla. Stat. § 322.2615, you have only 10 days from your arrest to request a DHSMV hearing.
If you miss this window:
- 🚫 your license is automatically suspended
- ❌ you lose the right to contest the suspension
- 🚗 driving without reinstatement can lead to new charges
If you’re unsure whether you can continue driving after arrest, see Can I Still Drive with a DUI Charge in Florida.
⚖️ What Happens at a DHSMV Hearing
At a DHSMV hearing, the issue is not whether you are guilty of DUI.
Instead, the hearing officer decides whether the State met its burden on a limited set of issues:
- whether the officer had lawful cause to stop or arrest you
- whether testing or refusal procedures were properly followed
- whether required paperwork and timing requirements were met
If the State fails on any one of these points, the suspension can be invalidated.
🛡️ How a Lawyer Helps You Win
An experienced DUI lawyer can:
- challenge officer reports and paperwork errors
- attack breath or blood testing reliability
- challenge the legality of the stop or detention
- pursue a hardship license so you can continue driving
These hearings are often the first opportunity to challenge the State’s case under oath.
🌟 Why the Hearing Matters
Winning a DHSMV hearing doesn’t just protect your license.
It can also expose weaknesses in the State’s case early — strengthening your defense in criminal court.
Because officers must testify under oath:
- inconsistencies between reports and testimony may emerge
- video evidence may contradict written reports
- procedural errors may become clear
This creates leverage that can carry directly into the criminal case.
📍 Protect Your License Now
You have 10 days to act.
Missing that deadline can eliminate your ability to challenge the suspension — even before your court case begins.
❓ FAQs
⏱️ How long do I have to request a hearing?
Just 10 days from the date of your arrest.
✅ Can a lawyer stop my suspension?
Yes — if we prove flaws in the stop, test, or paperwork, the suspension may be thrown out.
⚖️ Is this the same as my DUI court case?
No — it’s an administrative process separate from the criminal case.
🚫 What if I miss the 10-day deadline?
Your license is suspended, but you may still qualify for a hardship license.
👨⚖️ Do I really need a lawyer for this hearing?
Absolutely. Without one, you risk losing your license and leverage in your DUI defense.