Understanding the Consequences for Your Driver’s License After a DUI Charge in Florida
- Jason Galdo
- Jan 6
- 3 min read
Facing a DUI charge in Florida can be overwhelming, especially when you consider the impact it has on your driver’s license. Losing your driving privileges affects your daily life, work, and family responsibilities. Knowing exactly what happens to your license after a DUI charge helps you prepare and respond effectively. This article breaks down the key consequences, timelines, and options available to drivers charged with DUI in Florida.
What Happens Immediately After a DUI Arrest?
When you are arrested for DUI in Florida, the law enforcement officer will typically confiscate your driver’s license on the spot. You will receive a Notice of Suspension or a temporary driving permit valid for 10 days. This temporary permit allows you to drive while your case is processed, but only for a limited time.
The officer also submits your arrest report and chemical test results to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The department then reviews the case and decides on the suspension or revocation of your license.
Key Points to Remember:
You lose your physical license immediately.
You get a 10-day temporary permit.
The FLHSMV handles the formal suspension process.
Administrative License Suspension (ALS)
Florida law enforces an Administrative License Suspension separate from any criminal penalties. This means your license can be suspended even before your DUI case goes to court.
When Does ALS Apply?
If your blood alcohol concentration (BAC) is 0.08% or higher.
If you refuse to take a breath, blood, or urine test.
If you are under 21 and have any detectable amount of alcohol.
You have the right to request an administrative hearing within 10 days of arrest to challenge the suspension. If you miss this deadline, the suspension becomes automatic.
Criminal Penalties and License Impact
Beyond administrative suspension, a DUI conviction in Florida carries criminal penalties that affect your license status.
First DUI Offense
License suspension for 180 days.
Possible hardship license after 10 days if you meet certain conditions.
Fines, probation, and possible jail time.
Second DUI Offense (within 5 years)
License suspension for 5 years.
Mandatory ignition interlock device (IID) installation.
Increased fines and jail time.
Third DUI Offense (within 10 years)
License revocation for 10 years.
IID required.
Longer jail sentences and higher fines.
Hardship and Restricted Licenses
Florida allows some drivers to apply for a hardship license or restricted driving privilege during their suspension period. This license lets you drive for specific purposes such as work, school, or medical appointments.
Requirements for Hardship License
Completion of DUI school or treatment program.
Proof of necessity for driving.
Installation of an ignition interlock device if required.
No new violations during suspension.
Hardship licenses are not automatic. You must apply through the FLHSMV and sometimes through the court.
Ignition Interlock Device (IID) Requirements
An ignition interlock device is a breathalyzer installed in your vehicle. It prevents the car from starting if it detects alcohol on your breath.
When Is IID Required?
After a second or subsequent DUI conviction.
Sometimes after a first DUI if BAC was very high (0.15% or more).
During hardship license periods.
The IID must be installed for a minimum period, usually six months to one year, depending on the offense.
Steps to Take After a DUI Charge to Protect Your License
Request an Administrative Hearing
Act quickly to request a hearing within 10 days to challenge the ALS.
Consult a Fort Lauderdale DUI Attorney
A lawyer can help navigate the legal process and may reduce penalties.
Complete Required Programs
Enroll in DUI school or treatment programs as soon as possible.
Consider Hardship License Options
If you rely on driving, explore eligibility for restricted licenses.
Stay Informed on Deadlines
Missing deadlines can lead to automatic suspensions or revocations.
What Happens After Your Suspension Ends?
Once your suspension or revocation period ends, you must meet certain conditions to reinstate your license:
Pay all reinstatement fees.
Provide proof of insurance (Florida’s SR-22 form).
Complete any court-ordered programs.
Install an IID if required.
Failing to meet these requirements will delay your ability to drive legally again.
Final Thoughts on DUI and Your Driver’s License in Florida
A DUI charge in Florida has serious consequences for your driver’s license. Immediate administrative suspensions, long-term criminal penalties, and additional requirements like ignition interlock devices all affect your ability to drive. Acting quickly by requesting hearings, completing programs, and seeking legal advice can help protect your rights and shorten the suspension period.
Driving is essential for many aspects of life, so understanding these consequences helps you make informed decisions. If you or someone you know faces a DUI charge, take the necessary steps to manage the impact on your license and future.
Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.
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