🚗 You Only Have 10 Days — Here’s What to Expect
Most people arrested for DUI in Florida focus entirely on the criminal case — but there’s a separate fight happening at the administrative level.
Within 10 days of your arrest, you must act to stop your driver’s license from being automatically suspended by the DMV.
That fight begins with a DHSMV Formal Review Hearing — and what happens there can have a major impact on your ability to drive, work, and live freely while your case is pending.
At Michael White, P.A., we represent clients in both criminal court and DMV hearings to protect their rights and keep them driving legally.
📅 What Is a Formal Review Hearing?
A Formal Review Hearing is an administrative proceeding held by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
It determines whether the State had legal grounds to suspend your license based on:
Refusing a breath, blood, or urine test
Blowing over the legal limit of 0.08 BAC
Being lawfully arrested for DUI
✅ It is completely separate from your court case.
⏳ Deadlines and Timing
You have only 10 days after your DUI arrest to request the hearing
If you don’t, your license will be automatically suspended
Requesting the hearing gives you a 42-day temporary driving permit
The hearing itself usually occurs within 30 days
🎯 Filing the request early also buys time to negotiate criminal charges or pursue suppression motions.
🧠 What Happens at the Hearing?
This is a civil administrative process, not a trial — but it still matters.
Here’s what to expect:
A DMV hearing officer acts as judge
No jury — no prosecutor
You can present evidence and subpoena witnesses (including the arresting officer)
Your lawyer may challenge:
Probable cause for the stop
Validity of implied consent
✅ The hearing is often our first chance to get the officer under oath — and their testimony can help us later in the criminal case.
⚖️ Possible Outcomes
At the end of the hearing, the hearing officer may:
Invalidate the suspension (win ✅ — you keep your license)
Uphold the suspension (you may qualify for a hardship license)
Delay or continue the decision if more info is needed
Regardless of the outcome, attending the hearing:
Gives your lawyer critical info early
Preserves options for license reinstatement
Signals to the court that you’re proactive and serious about your case
🛑 Don’t Ignore the DMV Hearing — It’s More Important Than You Think
Many people skip the hearing, thinking it won’t matter.
But DMV hearings are often the only chance to avoid a full license suspension — and they’re one of the best tools for defense lawyers to start building leverage.
📞 Arrested for DUI in Florida? Let’s Protect Your License and Your Record.
At Michael White, P.A., we move fast after a DUI arrest — filing for the DMV hearing, challenging the suspension, and preparing for the criminal case at the same time.
👉 Call now for a free consultation — and let’s make sure your license doesn’t disappear without a fight.
🙋♂️ Frequently Asked Questions About DMV DUI Hearings in Florida
❓ How long do I have to request a DMV hearing after a DUI arrest?
Only 10 calendar days. If you miss the deadline, your license will be automatically suspended.
❓ What is the difference between the DMV hearing and the court case?
The DMV hearing is administrative and only affects your license. The court case determines guilt or innocence and criminal penalties.
❓ Will the DMV hearing officer drop my DUI charges?
No. They can only rule on the license suspension. However, the hearing can help your criminal defense by locking in the officer’s testimony.
❓ Can I get a hardship license if I lose?
In many cases, yes — especially for first-time DUI offenders. You may need to complete DUI school and pay reinstatement fees.
❓ Do I need a lawyer for a DMV hearing?
Yes. An attorney can subpoena the officer, challenge the evidence, and use the hearing to gather key facts for the larger criminal defense strategy.
🚦 Your license is at risk — even before your first court date.
Yes. An attorney can subpoena the officer, challenge the evidence, and use the hearing to gather key facts for the larger criminal defense strategy.