A DUI arrest doesn’t mean you’re guilty—yet your license can still be taken on the spot.
– Carolle El-Naffy
If you’ve been arrested for DUI in Florida, one of the first things you’ll lose isn’t your freedom—it’s your driver’s license. That’s right: the moment you’re charged, the clock starts ticking. Understanding how license suspensions work can help you respond fast and protect your ability to drive legally.
Let’s unpack the two types of suspensions that follow a DUI arrest in Florida and how to fight back.
Administrative vs. Criminal Suspension: Know the Difference
Florida imposes two types of license suspensions for DUI arrests:
- Administrative Suspension: Happens automatically if you fail or refuse a chemical test (breath, blood, or urine).
- Criminal Suspension: Comes if you’re later convicted of DUI in court.
Administrative action kicks in immediately—often before you’ve even had your first hearing. You’ll receive a temporary permit that’s valid for 10 days from the date of arrest.
How Long Is the Suspension?
Suspension durations vary based on your situation:
- First DUI (BAC over .08): 6-month suspension
- First DUI (Refusal): 12-month suspension
- Second Refusal: 18-month suspension + misdemeanor charge
- Conviction-based suspension:
- First DUI = 6–12 months
- Second DUI = 5 years (if within 5 years of the first)
- Third DUI = 10 years
- Fourth DUI or DUI Manslaughter = Permanent revocation
Can I Challenge the Suspension?
Yes—but time is critical. You have 10 calendar days from your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
At this hearing, you can present evidence and argue that the suspension is invalid. For example:
- The stop wasn’t lawful
- There was no probable cause for the arrest
- The test was conducted improperly
- You weren’t advised of your rights
Failing to request this hearing in time means losing the right to challenge the administrative suspension.
Hardship License: Can I Still Drive?
If you’re facing suspension, you might qualify for a hardship license—a restricted license allowing you to drive to work, school, or medical appointments.
Eligibility depends on:
- Completion of a DUI school course
- Clean driving history
- Whether it’s your first DUI or a repeat
You’ll also likely need to install an Ignition Interlock Device (IID) and follow strict reporting guidelines.
Why You Need a DUI Attorney Immediately
Every day you delay could mean months without a license. A skilled DUI lawyer like Carolle El-Naffy can file your hearing request, represent you before the DHSMV, and fight for a hardship license if eligible.
More importantly, she’ll examine whether your rights were violated during the arrest—giving you the best chance to avoid or reduce suspension.
Don’t Let the System Decide for You
You may have been arrested, but you haven’t lost your case. Protect your license and your freedom by acting fast. Carolle El-Naffy is ready to help.
📞 Call (305) 456-7576 or Contact Us Here to schedule your consultation.
Office (By Appointment Only):
75 Valencia Ave • Suite 800 • Coral Gables, FL 33134