Florida’s DUI administrative license suspension is a civil action by the DHSMV that is completely separate from your criminal DUI case — and it begins within 10 days of your arrest. Under Florida Statute § 322.2615, your license is administratively suspended at the moment the officer serves you with notice: 6 months for a first offense with a BAC of .08 or higher, and 1 year for a first offense refusal to submit to a breath, blood, or urine test. You have exactly 10 days from your arrest to request a formal review hearing. Miss that window and you waive your right to contest the suspension. The 10-day deadline is real and it moves fast.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is the DUI Administrative Suspension in Florida?

The DUI administrative suspension is a civil license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) under § 322.2615, triggered automatically by a DUI arrest and operating independently of any criminal charges or conviction. The suspension is not imposed by a judge — it is imposed by the DHSMV based solely on the arresting officer’s sworn affidavit and the breath, blood, or refusal record. You do not need to be convicted of DUI, or even charged, for the administrative suspension to take effect. The suspension begins immediately upon service of notice by the officer, and the criminal and administrative proceedings run on entirely separate tracks with different burdens of proof and different decision-makers.

How Long Is the Administrative Suspension for a First DUI in Florida?

Under § 322.2615, the administrative suspension periods for a first DUI offense are:

• First offense, BAC .08 or higher: 6-month administrative suspension.
• First offense, refusal to submit to breath, blood, or urine test: 1-year administrative suspension.
• Second or subsequent offense, BAC .08 or higher: 1-year administrative suspension.
• Second or subsequent refusal: 18-month administrative suspension. Since October 1, 2025, under Trenton’s Law, a first refusal is a second-degree misdemeanor and a second or subsequent refusal is a first-degree misdemeanor under § 316.1939, carrying up to 12 months in jail and a $1,000 fine.

These administrative suspensions run parallel to — and potentially in addition to — the criminal conviction suspension imposed by the court upon a DUI conviction. They are imposed by different authorities under different statutes, and both can be in effect simultaneously or consecutively.

What Is the 10-Day Temporary Driving Permit After a Florida DUI Arrest?

When the officer serves you with notice of administrative suspension at the time of arrest, the citation and notice document serves as a 10-day temporary driving permit under § 322.2615(1). For 10 days from the arrest date, you may continue driving on that document — but only those 10 days. On day 11, if you have not requested a formal review hearing or a hardship waiver, the full administrative suspension takes effect and you have no driving privilege. The 10-day permit does not extend if you request a formal hearing, but the hearing request itself triggers a temporary extension of driving privileges until the hearing is scheduled and decided. This is one of the primary reasons to call an attorney immediately after a DUI arrest — before the 10-day window closes.

What Is a Formal Review Hearing Under § 322.2615?

A formal review hearing is a contested administrative proceeding held before a DHSMV hearing officer where I challenge the legal validity of the administrative license suspension. Under § 322.2615(6), the formal review hearing must be requested within 10 days of arrest. At the hearing, I can subpoena the arresting officer, cross-examine on the lawfulness of the stop, the probable cause for the DUI arrest, the administration of the breath or blood test, and compliance with the implied consent advisement requirements. The burden at a formal review hearing is preponderance of the evidence — a civil standard, lower than the reasonable doubt standard in the criminal case. If I prevail at the formal review hearing, the administrative suspension is invalidated and your full driving privileges are immediately restored, independent of whatever happens in the criminal case.

What Issues Can Be Raised at a Florida DUI Administrative Hearing?

Under § 322.2615(7), the issues at a formal review hearing are limited but can be decisive:

• Whether the stop was lawful: Did the officer have reasonable articulable suspicion to stop the vehicle?
• Whether the arrest was supported by probable cause: Did the officer have probable cause to believe the driver was DUI?
• Whether the breath test was properly administered: Was the Intoxilyzer 8000 properly maintained and operated? Was the 20-minute observation period completed?
• Whether the implied consent advisement was properly given: Was the driver informed of the consequences of refusal in the required manner under § 316.1932?
• Whether the driver refused or whether the refusal was lawful: Was the driver capable of understanding the advisement? Was the refusal voluntary?
• Whether the blood test was drawn pursuant to lawful authority.

The formal hearing is not a criminal trial — the rules of evidence are relaxed and hearsay is admissible. But the officer’s appearance and the ability to cross-examine on the stop and arrest documentation can produce wins. I have had administrative suspensions invalidated based on unlawful stops, improper implied consent advisements, and breath test maintenance failures — all before the criminal case even reached a hearing date.

Can You Win the Administrative Hearing and Still Be Convicted of DUI?

Yes — and the reverse is also true. The administrative suspension and the criminal DUI case are legally independent proceedings. Winning the formal review hearing invalidates the administrative suspension and restores your driving privileges, but it does not dismiss the criminal DUI charge. The criminal case continues in circuit court under the beyond a reasonable doubt standard. Conversely, if the criminal charge is dismissed or reduced to reckless driving, the administrative suspension already in effect continues unless separately invalidated or expired. This two-track structure is one of the most misunderstood aspects of Florida DUI law — people assume winning one proceeding resolves both. It does not. Managing both proceedings simultaneously — and understanding how each one affects the other — is essential.

How Is a DHSMV Administrative Hearing Different From a Criminal DUI Trial?

The differences between the administrative hearing and the criminal DUI trial are significant:

• Decision-maker: Administrative hearing — a DHSMV hearing officer (administrative official, not a judge). Criminal trial — a circuit court judge, or a jury of 6 persons.
• Burden of proof: Administrative hearing — preponderance of the evidence (more likely than not). Criminal trial — beyond a reasonable doubt (the highest standard in law).
• Rules of evidence: Administrative hearing — relaxed; hearsay is admissible. Criminal trial — Florida Rules of Evidence apply strictly.
• Consequences of losing: Administrative hearing — 6-month or 1-year license suspension. Criminal trial — conviction, jail, fines, probation, permanent record, FR-44 insurance, ignition interlock.
• Right to jury: No jury in administrative hearings. Criminal DUI is a jury-eligible offense.
• Discovery: Administrative hearing discovery is limited; criminal case discovery is governed by Florida Rule of Criminal Procedure 3.220, which requires full disclosure of the state’s evidence.

How Does the Administrative Suspension Affect Hardship License Eligibility?

The administrative suspension is the first suspension clock that starts running after a DUI arrest, and it affects hardship license eligibility directly. For a first offense at .08 or higher (6-month administrative suspension), a hardship license through DHSMV is available after serving 30 days of hard suspension — or immediately if you waive your formal review hearing and enroll in DUI school. For a first refusal (1-year administrative suspension), hardship eligibility begins after 90 days of hard suspension. If you prevailed at the formal review hearing and the administrative suspension was invalidated, you do not need to serve any hard suspension period — your full privileges were restored by the hearing win. The interaction between the administrative suspension timeline and the criminal conviction suspension (if conviction occurs) requires careful planning to minimize total time without driving privileges.

Related DUI Topics

• DUI in Florida — Overview
• Hardship License After DUI — Florida
• DUI Defenses — How to Fight DUI Charges
• DUI Penalties in Florida — Complete Guide
• Ignition Interlock Device — Florida DUI
• DUI Refusal — Refusing the Breath Test
• First DUI in Florida
• Criminal Defense — Polk County

Frequently Asked Questions — DUI Administrative Suspension in Florida

What is the DUI administrative suspension in Florida?

The DUI administrative suspension is a civil license suspension imposed by the DHSMV under § 322.2615, triggered automatically by a DUI arrest. It is entirely separate from the criminal DUI case. The suspension is 6 months for a first offense at .08 BAC or higher, and 1 year for a first-offense refusal. You have 10 days from arrest to request a formal review hearing or the suspension becomes final without any contest.

How long do you have to request a hearing on a Florida DUI administrative suspension?

Exactly 10 days from the date of arrest. Under § 322.2615(2), the formal review hearing request must be made within 10 days. Missing this deadline waives your right to contest the administrative suspension entirely. The 10-day temporary driving permit issued at arrest expires on day 10 — you must act before it expires to preserve both the hearing right and continued driving privileges pending the hearing.

Can you win the DUI administrative hearing and still be convicted criminally?

Yes. The administrative suspension proceeding and the criminal DUI case are legally independent. A win at the formal review hearing restores your driving privileges but does not dismiss or affect the criminal charge. Conversely, a dismissal or reduction in the criminal case does not automatically cancel an administrative suspension already imposed. Both proceedings must be managed separately and simultaneously.

What happens at a Florida DUI formal review hearing?

At a formal review hearing before a DHSMV hearing officer under § 322.2615(6), the defense challenges the lawfulness of the stop, the probable cause for the DUI arrest, the administration of the breath test, and the compliance with implied consent procedures. The burden of proof is preponderance of the evidence — lower than the reasonable doubt standard in the criminal case. I can subpoena and cross-examine the arresting officer. If the state fails to meet its burden on any required element, the administrative suspension is invalidated and full driving privileges are restored.

What is the difference between the administrative suspension and the criminal DUI suspension?

The administrative suspension under § 322.2615 is imposed by DHSMV upon arrest, based on a civil preponderance standard, and affects driving privileges only. The criminal conviction suspension under § 322.28 is imposed by the court upon a DUI conviction, is part of the criminal sentence, and runs in addition to any administrative suspension. Both can be in effect simultaneously. Winning one proceeding does not cancel the other — they must be addressed independently.

Formal vs. Informal Review: Understanding Your Two Options

When you receive a DUI administrative suspension in Florida, you have 10 days to choose your path. Option one is the formal review hearing. Option two is the informal review — or waiving review altogether and applying for a hardship license immediately. These are fundamentally different paths with different tradeoffs.

The formal review hearing is a full adversarial proceeding before a DHSMV hearing officer. It stops the suspension clock and gives you a temporary driving permit valid through the hearing date and decision. You have the right to subpoena witnesses, request documents (including the breath instrument inspection logs, officer training records, and the complete arrest report), and present evidence and argument. The hearing officer applies a preponderance-of-the-evidence standard. If you prevail — even on a technical ground like improper implied consent warning or an unlawfully initiated stop — the suspension is invalidated and your license is restored. If you lose, the suspension takes effect, but the record created at that hearing is invaluable for the criminal case.

The informal review is a paper review. The hearing officer reviews the sworn law enforcement documents only, with no live hearing and no power to subpoena witnesses. You submit written objections, but there is no opportunity to question the officer or challenge the machine records in real time. Most attorneys advise against informal review because it gives up advocacy power while producing no meaningful benefit over waiving review entirely.

Waiving review entirely (or missing the 10-day deadline) results in automatic hardship eligibility after the mandatory hard suspension: 30 days for breath/blood test failure, 90 days for refusal. During the hard suspension period, you have zero driving privileges — not even work purposes.

The DHSMV Hearing Process in Detail

A formal DHSMV administrative review hearing in Florida is nothing like a courtroom proceeding, but it requires the same careful preparation. The steps are as follows:

Scheduling: After your attorney files the formal review request, DHSMV schedules the hearing within approximately 30 to 60 days. You receive a hearing notice by mail with the date, time, and location. In the 10th Circuit area, hearings are typically conducted at the Polk County driver license office or by telephone/video conference.

Evidence the hearing officer considers: The hearing officer reviews the arresting officer’s sworn DUI Arrest Affidavit, the Breath Test Results Affidavit (or blood test report), the Notice of Suspension form, the Implied Consent Warning form, and any video evidence submitted by law enforcement. These documents are the State’s entire case. If the officer failed to properly complete any of these forms, failed to read the correct implied consent warning, or made a material misstatement, that is a ground for invalidating the suspension.

Subpoena power: Your attorney can subpoena the breath instrument’s Breath Alcohol Testing Program records — including the most recent agency inspection, the annual permit, and the test log for your specific test. If the Intoxilyzer 8000 was not properly inspected or had documented errors, that goes to the reliability of the result. We can also subpoena the arresting officer to appear in person — forcing them to testify under oath about the stop, the observations, and the test procedure — which creates a sworn record we use in the criminal case.

Key issues at hearing: Florida Administrative Code Rule 15A-006.004 requires that the hearing officer address four specific questions: (1) Did the officer have lawful authority to stop or detain the driver? (2) Did the officer have probable cause to believe the driver was DUI? (3) Was the driver informed of the consequences of refusal under the implied consent law? (4) Did the driver either refuse the test or was the BAC at or above the legal limit? A failure on any one of these four issues requires the hearing officer to invalidate the suspension.

Timeline After Arrest: Day-by-Day

Understanding the timeline prevents the most common mistakes I see in administrative suspension cases:

• Day 0 (Arrest): Officer confiscates license. Issues yellow Notice of Suspension. The 10-day clock starts immediately.
• Days 1–10: You may drive on the yellow paper permit. Your attorney must file the formal review request with DHSMV’s Office of Administrative Hearings before midnight on Day 10.
• Day 11 (without request): Suspension takes effect automatically. No hearing, no hardship, no driving — unless you immediately apply for a hardship license after waiting out the hard suspension.
• Days 11–42 (with request filed): DHSMV issues a 42-day temporary permit. You drive legally while the hearing is scheduled.
• Hearing date: Typically 30–60 days post-arrest. Result issued within 7–21 days of hearing.
• If you lose: Suspension takes effect from the date of the hearing officer’s order. You must immediately explore hardship license options.
• Criminal case parallel: The arraignment on the DUI criminal charge typically occurs within 30 days of arrest in Polk County. The administrative and criminal tracks run concurrently, so both proceed at the same time.

I have seen people wait two weeks to call a lawyer and lose the ability to fight the suspension entirely. If you were arrested for DUI in Polk, Highlands, or Hardee County, the first call you make needs to happen within 48 hours — not 10 days.