Get Your License Back
A DUI arrest in Florida is, quite frankly, overwhelming, especially when your ability to drive is suddenly taken away. For many people, the most urgent concern is simple:
“How do I get my license back?”
Florida law allows the Department of Highway Safety and Motor Vehicles to suspend your driver’s license immediately after a DUI arrest, which is completely separate from your criminal case. Understanding your rights and acting quickly can make a major difference in whether you are able to keep driving.
Why Your License Was Suspended After a DUI Arrest
Under Florida law, your license may be suspended at the time of arrest if you either submitted a breath or blood sample with a result of .08 or higher, or you refused to submit to breath, urine, or blood testing. In either situation, the arresting officer is authorized to seize your driver’s license and issue a DUI citation that will act as your temporary driving permit.
You Must Act Within Ten Days
If your license was valid at the time of your arrest, you are typically allowed to drive for ten calendar days using that citation. If no action is taken within that time, your suspension automatically goes into effect.
During this ten-day period, your attorney can request a Formal Administrative Review Hearing with the DHSMV. In some cases, especially for first-time DUI arrests, it may also be possible to waive that hearing and apply immediately for a hardship license. The right strategy depends on your driving history, the facts of your arrest, and your personal needs.
Can I Still Drive If My License Was Taken Away From Me?
Even if you submitted a breath sample of .08 or higher, your DUI citation usually will allow you to drive for ten days, as long as the “Eligible for Permit” box is checked. If no hearing is requested within those ten days, you may face a mandatory period of no driving at all, commonly referred to as a “hard suspension.” For many first-time offenders, that hard suspension lasts thirty days before eligibility for a hardship license begins.
If you decide to refuse chemical testing, the consequences will usually be more severe. After the ten-day temporary driving period expires, a refusal typically results in a ninety-day hard suspension for eligible drivers. For repeat offenders or drivers with any prior refusals, hardship eligibility may be delayed for six to eighteen months.
First-Time DUI Offenders and Uninterrupted Driving
Florida law provides a unique option for many first-time DUI offenders. By waiving the Formal Review Hearing within ten days of arrest, eligible drivers may apply immediately for a hardship license. This approach is designed to avoid the thirty- or ninety-day hard suspension altogether.
While this option can be extremely beneficial, it is not appropriate in every case. Once the hearing is waived, you give up the opportunity to challenge the suspension. An experienced DUI attorney can help you weigh the pros and cons and determine which path best protects your driving privileges.
What Is a Formal Administrative Review Hearing?
A Formal Review Hearing is a civil proceeding, not a criminal trial. Its purpose is limited to determining whether the administrative suspension of your license was legally justified. Your attorney can subpoena the arresting officer, review the paperwork submitted by law enforcement, and challenge errors or omissions that may invalidate the suspension.
Many clients are surprised to learn that they do not usually need to attend this hearing in person. Our office routinely handles these hearings on behalf of clients, which minimizes disruption to work and family responsibilities.
What Happens If You Win or Lose the Hearing?
If the hearing officer invalidates the suspension, your full driving privileges are restored. This can result in uninterrupted driving while your criminal DUI case continues through the court system.
If the suspension is upheld, a hard suspension period applies before you may be eligible for a hardship license. Even in this situation, legal guidance can help you prepare for the hardship application process and improve your chances of approval.
How a DUI Attorney Can Help Protect Your License
Administrative license suspensions are often won or lost on technical details, such as missing documents, incorrect affidavits, or procedural errors. These issues are separate from whether you are ultimately convicted of DUI in criminal court. Having an attorney who regularly handles DHSMV hearings can significantly improve your chances of success.
Our office routinely represents clients before the Bureau of Administrative Review in Clearwater and stays current with changes in Florida DUI law that affect driving privileges.
Get Help Now and Protect Your Ability to Drive: Speak With a Hillsborough County DUI Attorney Today
If you were arrested for DUI in Tampa, Brandon, Riverview, Plant City, Temple Terrace, or anywhere in Hillsborough County, time is not on your side. The sooner you speak with an experienced DUI attorney, the more options you may have.
The Law Office of Timothy Sullivan is ready to help you take control of your situation and fight to get your driver’s license back. Contact us today to schedule a confidential consultation and let us get to work protecting your driving privileges.