What Happens in the First 10 Days After a DUI Arrest in Florida

Short answer: After a DUI arrest in Florida, your license is typically suspended administratively, and the citation serves as a temporary driving permit for 10 days. Within those 10 days, you must either request a formal review hearing with the Florida DHSMV to challenge the suspension, or, if eligible, waive the review and apply for a hardship license. Missing the deadline usually means the suspension stands.

A DUI arrest starts two separate cases: an administrative case about your driver's license, run by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), and a criminal case in court. The license case moves first and fast.

The administrative suspension

If you were arrested for DUI and either had a breath or blood alcohol level of 0.08 or higher, or refused testing, your license is generally suspended on the spot. The citation you received typically acts as a temporary permit to drive for 10 days, if you are otherwise eligible.

Breath/blood at 0.08 or higher

  • First offense: typically a 6-month administrative suspension
  • Hardship option may be available

Refusal to submit to testing

  • First refusal: typically a 1-year suspension
  • Second refusal: 18 months and a separate misdemeanor

Your choice within 10 days

  1. Request a formal review. Ask DHSMV for a formal review hearing to challenge the suspension. A hearing officer reviews the evidence, and officers can be subpoenaed. You may receive a business-purposes permit while the review is pending, if eligible.
  2. Or waive and seek a hardship license. Some first-time DUI drivers can waive the review, enroll in DUI school and apply for a hardship license for business or employment purposes. Refusal cases often have different eligibility.

The deadline is strict: The 10-day clock starts on the date of arrest, including weekends. Missing it generally means the suspension takes effect and the chance to challenge it is lost.

The criminal case

Separately, you will have a court date in Brevard County. A first DUI conviction in Florida can carry fines, probation, community service, DUI school, vehicle impoundment and license revocation, with possible jail time. Penalties increase with a higher blood alcohol level, a minor in the vehicle, an accident or prior offenses.

What to do now

In a Florida DUI, the first decision you make is about your license, and you have ten days to make it.

How the two cases connect

The formal review hearing can also preserve testimony and reveal weaknesses in the stop or the testing that matter in the criminal case. Choosing between the review and the hardship path is a strategic decision best made with counsel.

Talk with a lawyer

Heather Harris Law handles DUI defense in Brevard County. Call promptly so the 10-day decision is made with full information.

Frequently asked questions

How long do I have to request a DUI hearing in Florida?

Generally 10 days from the date of arrest to request a formal review hearing with the DHSMV, or to waive it and seek a hardship license if eligible.

Can I drive after a DUI arrest in Florida?

The citation typically serves as a temporary permit for 10 days if you are otherwise eligible. After that, it depends on whether you requested a review or obtained a hardship license.

Is the license suspension the same as a conviction?

No. The administrative suspension is separate from the criminal case. You can face a suspension even if the criminal case is later reduced or dismissed.

Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.