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Your License

If you have been arrested for DUI and submitted to the breath test with a result of 0.08 or higher or refused to submit to the breath test, the arresting official most likely seized your license and issued you DUI citation. By doing so, the officer has triggered what is known as the “Administrative Suspension.”  Even though you are presumed innocent of the DUI charge until proven guilty in a criminal court, the State of Florida, through the Department of Highway Safety and Motor Vehicles (or “DMV”) retains property rights to your license, and is required to suspend your license upon refusing a breath test or giving a sample above 0.08.  This suspension is separate from the suspension that could be imposed by the judge in your criminal case later on, if convicted of the DUI charge in court.

Length of Administrative Suspension

First DUI Arrest:

If the results of the breath test in your case are 0.08 or more, your license is suspended for 180 days. 

If you refused to comply with the breath test, your license is suspended for 1 year.

Second or Subsequent DUI Arrest:

If the results of the breath test in your case are 0.08 or more, your license is suspended for 1 year. 

If you refused to comply with the breath test, and have previously refused to comply with the breath test in a prior DUI, your license is suspended for 18 months.

Note: If you have previously refused to submit to a breath test, and refuse to take a breath test in a second DUI, you are also committing a first-degree misdemeanor. See Potential DUI Penalties  for more information.

Driving On The DUI Citation

If your license or driving privilege was not suspended prior to your DUI arrest, you are able to legally drive with the DUI citation you were issued acting as your license.  Your citation reads, "unless ineligible, this citation shall serve as a temporary driver's license and will expire on midnight on the tenth day following the date of your arrest." You must have the DUI citation in your possession to drive legally during this period.  When this ten-day period expires, you may no longer drive legally in Florida or anywhere else, unless you take immediate action.

Florida’s Ten-Day Rule and The Formal Hearing

You only have ten days to challenge the administrative suspension of your driver’s license by filing paperwork with the Department of Highway Safety and Motor Vehicles (DHSMV or DMV).  You may be able to save your license if you act immediately! Click the box below for more information.

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DUI Defense

1. • DUI Law
   

2. • Potential DUI Penalties
   

3. • Your License
   

4. • Florida’s 10 Day Rule
   

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