A DUI arrest puts your driver license in jeopardy before you ever see a judge. Florida runs two separate tracks against your license at the same time, and they move on different clocks. Understanding both, and acting within the first ten days, is what protects your ability to drive.
Figures come from section 322.2615 and the Florida DHSMV. The single most time-sensitive choice in a DUI comes in the first ten days, when the administrative suspension can still be challenged.
Two tracks, two clocks
The first track is the administrative suspension. The DHSMV suspends your license at the moment of arrest, six months for a breath or blood reading of 0.08 or higher, twelve months for a refusal, and you have only ten days to challenge it. The second track is the criminal case in court, which carries its own license revocation if you are convicted. These two run independently. You can defeat the administrative suspension and still face a court revocation, or the reverse, which is why both have to be handled from day one.
| Situation | Suspension length | Hard time (no driving) | Then eligible for | Notes |
|---|---|---|---|---|
| First DUI, breath or blood 0.08+ | 6 months | 30 days | Business-purposes hardship | Waivable for immediate hardship if no prior DUI |
| First DUI, test refusal | 12 months | 90 days | Business-purposes hardship | Refusal is now a crime under Trenton’s Law |
| Second refusal (any prior refusal) | 18 months | 18 months (all hard) | No hardship | Entire period is hard time |
| Prior DUI conviction or suspension | Varies | Often all hard | Limited or none | No downside to demanding the hearing |
This chart is the administrative suspension that starts at arrest under section 322.2615, separate from any court-ordered revocation after a conviction. The hard time is the period with no driving at all before a hardship license is possible. Figures from section 322.2615 and the Florida DHSMV. Procedures and figures last verified June 2026.
Each situation above is explained in full on its own page, along with the deadlines, the permits, and the ways a suspension can be set aside.
Start with the 10-day decision
The single most time-sensitive choice in your case comes in the first ten days. You can demand a formal review hearing to fight the suspension, which also issues a 42-day permit and forces the officers to testify under oath early, or, on a first DUI with no prior, you can waive that hearing for an immediate hardship license and skip the hard time. Each path has a real tradeoff, covered on the 10-day decision and formal review hearing pages.
The suspensions you may face
A DUI puts two suspensions in play. The administrative suspension hits at arrest under section 322.2615, six months for a first breath or blood case and one year for a refusal, climbing with priors, and it is fought on its own ten-day clock. A separate court revocation follows a conviction under section 322.28, running six months to permanent depending on the offense and the record. The two can stack, which is why the administrative suspension and the formal review hearing are where the early fight happens.
How driving comes back
Losing the license is rarely the end of the road. Depending on the offense and the stage, driving can be restored through a hardship license for business or employment under section 322.271, through an ignition interlock where the law requires the device, and through FR-44 insurance and full reinstatement once the period is served. Each path has its own rules and timing, and the topics below walk through them.
I started out as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and today I am one of six ACS-CHAL Forensic Lawyer-Scientists in Florida. I demand the formal review hearing in DUI cases and appear at the Tampa and Clearwater Bureau of Administrative Reviews offices, because that hearing protects your license and locks in the officers early. Learn more about my background.
Explore the license and interlock topics
For the criminal penalties that run alongside all of this, see the DUI penalties and charges section.
License questions after a DUI
What happens to my license after a DUI arrest in Florida?
Two things happen on two separate tracks. The DHSMV starts an administrative suspension at the moment of arrest, which is six months for a breath or blood reading of 0.08 or higher and twelve months for a refusal. Separately, if you are later convicted, the court imposes its own license revocation. You have only ten days to act on the administrative suspension.
What is the 10-day rule?
From the date of a DUI arrest you have ten days to either demand a formal review hearing to challenge the administrative suspension, or, if it is a first DUI with no prior, waive that hearing for an immediate hardship license. The citation usually acts as a ten-day driving permit. Miss the deadline and the suspension simply takes effect.
Can I drive after a DUI arrest?
Usually yes for the first ten days, because the DUI citation acts as a temporary permit if it is marked eligible. If you demand a formal review hearing, you are issued a 42-day business-purposes permit while the challenge is pending. If you do nothing, the suspension takes effect on the eleventh day.
Is the license case the same as the criminal case?
No. The administrative suspension through the DHSMV and the criminal DUI case in court are two separate proceedings with two different clocks, two different burdens, and two different decision-makers. You can win one and lose the other. Winning the administrative hearing also gives your attorney early sworn testimony from the officers.
Will I lose my license for a long time?
It depends on the reading or refusal, your prior record, and whether you are convicted. A first offense often allows a hardship license fairly quickly, while repeat offenses bring multi-year revocations and, for a fourth conviction, a permanent revocation with a limited path back after five years. The pages here break down each situation.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The Florida administrative suspension and review process is governed by sections 322.2615, 322.2616, and 322.64, Florida Statutes, and Chapter 15A-6 of the Florida Administrative Code, and license revocation, hardship, and reinstatement are governed by sections 322.271 and 322.28. Deadlines are short and the rules change, so confirm current requirements with the DHSMV or an attorney. Every case turns on its own facts, and past results do not guarantee a similar outcome.
