Last updated February 2026
A DUI arrest in Florida can place your driver’s license at risk immediately, often before you ever appear in court. Many drivers are surprised to learn that DUI cases involve two separate proceedings:
A criminal DUI case in court, and
An administrative driver’s license suspension handled by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
This page explains how DUI license suspension works in Florida, what the 10-day rule means, and how suspension periods and hardship eligibility are determined after an arrest or conviction.
An experienced Fort Lauderdale DUI lawyercan help protect both your license and your broader case strategy during this critical early window.
🎥 Video: Florida DUI License Suspension Explained
Attorney Michael White explains how Florida DUI license suspensions work and why the 10-day rule is critical.
⚖️ Why Your License Is Suspended Before Court
Florida allows DHSMV to suspend a driver’s license based on the arrest itself, not a conviction. This administrative suspension is triggered when:
A breath or blood test shows 0.08 or higher
A driver refuses breath, blood, or urine testing
The DUI arrest follows a crash involving injury or damage
There are prior DUI-related suspensions or refusals
This suspension occurs automatically unless action is taken within the required timeframe.
⏱️ Florida’s DUI 10-Day Rule
After a DUI arrest, the citation typically serves as a temporary driving permit for up to 10 days. During this period, driving is usually limited to essential purposes such as work, school, medical appointments, and religious services.
If no action is taken within 10 calendar days of arrest:
The administrative suspension takes full effect
The right to challenge the suspension is lost
Driving privileges may be limited or eliminated entirely
The 10-day clock begins on the date of arrest, not the court date.
🧾 What Is a DHSMV Formal Review Hearing?
Florida drivers may request a formal review hearing to contest the administrative suspension. At this hearing, a DHSMV hearing officer reviews:
Whether the officer had legal grounds for the stop or detention
Whether the arrest met administrative standards
Whether testing or refusal procedures were properly documented
This process is separate from criminal court and follows different rules.
🚗 Hardship (Business Purposes Only) License
If a license is suspended, some drivers may qualify for a hardship license, allowing limited driving for:
Work
School
Medical appointments
Religious services
Eligibility depends on factors such as:
Prior DUI history
Whether testing was refused
Completion or enrollment in DUI school
Prior suspensions or revocations
Not all drivers qualify, and eligibility may be delayed or unavailable in certain cases.
❌ Who Is Generally Not Eligible for a Hardship License?
Drivers may be ineligible for hardship relief if:
They have a prior DUI conviction
They have a prior test refusal
Their license was already suspended or revoked
They missed the 10-day deadline
Required DUI school enrollment was not completed
The case involves serious aggravating factors
In these situations, the administrative suspension often runs its full course.
⏳ How Long Is a Florida DUI License Suspension?
Suspension length depends on what occurred during testing:
Breath or Blood Test ≥ 0.08
First offense: 6 months
Hardship eligibility may be available
Test Refusal
First refusal: 12 months (and potential criminal exposure)
Second refusal: 18 months
Hardship eligibility is delayed or restricted
Prior DUI Convictions
Longer suspension periods apply
Hardship eligibility may be barred
🧠 License Suspension as a DUI Consequence
Driver’s license suspension is one of several consequences that may follow a DUI arrest or conviction, along with fines, probation, insurance requirements, and—in some cases—jail.
A full explanation of how license suspension fits into overall sentencing exposure is provided in our guide to Florida DUI penalties.
❓ Frequently Asked Questions
How long do I have to request a DMV hearing after a DUI arrest?
You have 10 calendar days from the date of arrest.
What happens if I miss the 10-day deadline?
Your license is automatically suspended, and your options become much more limited.
Can a lawyer stop my license suspension?
Yes — if legal or procedural errors are found, the suspension can be invalidated.
Is the DMV hearing the same as court?
No. It is a separate administrative process with different rules and standards.
Should I fight the license suspension even if I plan to plead?
Often yes. The DMV hearing can expose flaws that affect the entire case.
📞 Protect Your License Before It’s Too Late
Florida DUI license suspension system moves fast. Missing the 10-day deadline can permanently limit your ability to drive — even before your case begins.