Yes. When a Florida law enforcement officer arrests you for DUI, they typically confiscate your driver's license on the spot and issue you a paper permit. That permit is valid for 10 days. After those 10 days, if you've done nothing, your license is suspended.
Most people don't realize they're facing two separate suspension processes at once — and that the 10-day clock runs regardless of what happens with the criminal case.
Two Suspension Tracks Running Simultaneously
A DUI arrest in Florida triggers two distinct types of license suspension. They run on different timelines, through different agencies, and have different rules for challenging them. Understanding both matters.
Track 1: Administrative Suspension by the DHSMV
This suspension is handled by the Florida Department of Highway Safety and Motor Vehicles — not the court. It kicks in automatically at arrest if you either provided a breath sample showing BAC of .08 or higher, or if you refused to submit to a breath, blood, or urine test.
The administrative suspension periods for a first offense are:
- 6 months if you submitted to testing and your BAC was .08 or higher
- 12 months if you refused to submit to a breath or blood test
For a second refusal, the suspension is 18 months — and a second refusal is also a first-degree misdemeanor under Florida law.
This administrative suspension is entirely separate from any criminal penalties. Even if your criminal DUI charge is dismissed, the administrative suspension can remain in effect unless you challenged it through the DHSMV process.
Track 2: Criminal Suspension Upon Conviction
If you are convicted of DUI in criminal court, the court also imposes a license suspension as part of the sentence. For a first offense, that criminal suspension runs from 180 days to 1 year. For a second offense, it's a minimum of 5 years. The criminal suspension runs separately from — not instead of — the administrative one.
The 10-Day Rule: What It Requires
The paper permit you receive at arrest serves a dual purpose. It allows you to drive for 10 calendar days, and it represents your window to act on the administrative suspension.
Within those 10 days, you have two choices:
- Request a formal review hearing with the DHSMV. This puts the suspension on hold while the hearing is scheduled and litigates whether the suspension was legally valid. The hearing officer looks at whether the stop was lawful, whether you were properly informed before any test, and whether proper procedures were followed.
- Waive the hearing and apply for a hardship license. This allows you to drive for work, school, medical appointments, and other approved purposes while your case proceeds. You also have to enroll in a DUI education program as part of this process.
If you do neither within 10 days, the suspension takes effect automatically and you lose any opportunity to challenge it through the administrative process. The 10-day deadline is hard. There are no extensions.
For a detailed look at how to use this deadline strategically: Florida DUI Arrest: What Is the 10-Day Rule and Why Does It Matter?
The 10-day clock started the moment you were arrested. If you're reading this in the first few days after a DUI arrest, there's still time to act.
What Is a Hardship License?
A hardship license — technically a Business Purposes Only (BPO) license — allows limited driving during a suspension period. It covers driving to and from work, school, medical appointments, church, and other court-approved purposes. It does not cover recreational driving.
To get a hardship license after a DUI arrest, you generally have to:
- Waive your right to a formal review hearing within the 10-day window, or go through the hearing process first and apply afterward
- Enroll in a DUI education program (Level I for a standard first offense)
- Pay a reinstatement fee to the DHSMV
Whether to take the hardship license immediately or request the formal hearing first is a strategic decision that depends on the facts of your specific arrest — and it's the kind of decision that benefits from legal advice before the 10-day window closes.
What Happens After the Suspension Period?
To get your license fully reinstated after a DUI suspension, you typically need to: complete DUI school, complete a substance abuse evaluation and any recommended treatment, pay a reinstatement fee (generally $150 to $500 depending on the circumstances), and provide proof of insurance in the form of an SR-22 filing. The SR-22 requirement typically lasts 3 years and significantly increases your insurance rates.
Frequently Asked Questions
Is my license suspended right away after a DUI arrest in Florida?
Effectively, yes. The officer confiscates your license at the scene and issues a 10-day driving permit. The full administrative suspension kicks in when those 10 days expire — unless you've requested a formal hearing, in which case the suspension is held in abeyance until the hearing is resolved. You don't leave the arrest scene with a suspended license, but you're on a countdown.
What happens if I refused a breath test — is my suspension longer?
Yes. Refusing to submit to a breath, blood, or urine test after a DUI arrest results in a 12-month administrative suspension for a first refusal, compared to 6 months if you took the test and it showed .08 or higher. A second refusal is an 18-month suspension and a separate criminal charge — a first-degree misdemeanor. Refusing the test removes the breath test as evidence in the criminal case, but it comes with its own consequences on the license side.
Can I drive after a DUI arrest while my case is pending?
During the 10-day period covered by your temporary permit, yes. After that, it depends on what you did within those 10 days. If you requested a formal review hearing, you may be issued an extended permit while the hearing is pending. If you applied for a hardship license, you can drive for approved purposes. If you did nothing, you cannot legally drive once the 10 days expire.
If the DUI charge is dropped, does my license come back?
Not automatically. The administrative suspension through the DHSMV runs independently of the criminal case. A dismissal of the criminal charge does not automatically undo the administrative suspension. This is exactly why the formal review hearing matters — it's the mechanism for challenging the administrative suspension on its own terms, separate from what happens in criminal court.
Arrieta Law handles DUI defense in Jupiter and Palm Beach County. Call now for a confidential consultation.