Last updated November 2025
A DUI arrest in Florida triggers two cases at once β the criminal prosecution and a driver’s license suspension from the Department of Highway Safety and Motor Vehicles (DHSMV). Many drivers lose their licenses not because theyβre convicted, but because they miss the narrow window to fight back.
As a Fort Lauderdale DUI lawyer and former prosecutor, Iβve handled hundreds of DHSMV hearings and DUI cases across Broward County and throughout South Florida. Hereβs how the suspension process works β and what you can do to stop it.
π Florida’s DUI Suspension Law
Under Florida Statute §322.2615, the DHSMV must immediately suspend your driverβs license if you:
Blow .08 or higher on a breath or blood test, or
Refuse a chemical test under Floridaβs Implied Consent Law (§316.1932)
Suspension periods:
First offense (BAC .08 or higher): 6 months
First refusal: 1 year
Second refusal: 18 months + separate misdemeanor charge
π Related: Refuse Breath Test in Florida
β οΈ The 10-Day Rule
After a DUI arrest, you have just 10 days to request a formal review hearing with the DHSMV. If you miss this deadline, your suspension automatically takes effect for the full period.
At this hearing, a DUI defense lawyer can:
Challenge whether the officer had probable cause to arrest you
Question the breath or blood test procedures
Cross-examine the arresting officer
Expose paperwork or procedural errors
π If your DUI arrest happened in Broward County, read our full local guide on DUI License Suspension Hearings (DHSMV) in Broward: How to Win.
That post explains the Broward-specific procedures, hearing officers, and local DHSMV strategies used in Fort Lauderdale cases.
π‘οΈ How to Fight the Suspension
Challenge probable cause β Was the initial stop justified?
Attack breath test accuracy β Calibration and operator error are common.
π Related: Challenging Breathalyzer Calibration in FloridaQuestion implied consent warnings β If officers gave improper warnings, a refusal may not hold up.
Expose procedural errors β Missing forms, delayed paperwork, or officer mistakes can void the suspension.
Request hardship license eligibility β For many drivers, this preserves limited driving privileges.
π¨ Hardship License Options
If your suspension isn’t overturned, you may still qualify for a hardship license after completing DUI school.
Two main types exist:
Business Purposes Only β work, school, church, medical, or family needs
Employment Purposes Only β for on-the-job driving only
π Learn more about DUI Defense Services.
π£ Why Local Experience Matters
While the rules are statewide, how DHSMV hearings are handled varies by county. In Broward, for instance, the hearing officers and review boards have distinct procedures β knowing them can make or break your case.
π Arrested for DUI in Florida? Call (954) 270-0769 or request your free consultation today.
β οΈ 10-Day Deadline to Challenge Your Florida DUI Suspension
1) How long will my license be suspended after a DUI arrest?
Six months for a BAC of .08 or higher, one year for a first refusal, and 18 months for a second refusal.
2) Can I drive while my suspension is pending?
Yes. You may be eligible for a temporary or hardship license if you act within 10 days.
3) Can a lawyer overturn my license suspension?
Yes. At a DMV hearing, your lawyer can challenge probable cause, test results, and procedural compliance.
4) What’s the difference between this hearing and my DUI court case?
The DHSMV hearing is administrative; it determines your license status, not your guilt or innocence.
β5) Can I get my license back after a DUI suspension in Florida?
Yes. Depending on your case, you may qualify for license reinstatement or a hardship license after completing DUI school and meeting state requirements. The process usually includes an application to the DHSMV, proof of enrollment in DUI school, and payment of reinstatement fees. A DUI lawyer can guide you through this process and help you avoid additional delays.