Facing a DUI in Miami? Get Clear Answers About Your Florida Driver's License

Do you automatically lose your license with a DUI in Florida? In many cases, yes, and the process can start the night of the arrest. A license suspension is separate from the criminal case, so it can take effect before a judge rules on anything. This guide explains the two tracks, the temporary permit, refusal rules, and how driving can resume. It is general information about Florida law, not advice on your specific case.

The short answer: not always automatically, but the clock starts at arrest

A DUI arrest can suspend your license right away. Under Fla. Stat. § 322.2615, the officer must suspend the driving privilege of a driver with a blood-alcohol or breath-alcohol level of 0.08 or higher. The same rule applies to a driver who refuses a lawful test. The suspension does not wait for a conviction.

That suspension is an administrative action. It is different from the criminal DUI case in court, and the two can move on different timelines. In refusal cases, the outcome of an administrative proceeding does not decide the criminal case, and the reverse is also true.

Test results matter. Under Fla. Stat. § 316.1934, a result of 0.08 or higher is prima facie evidence (proof that holds unless it is challenged) of impairment. A result of 0.05 or less creates a presumption of no impairment. Whether a suspension applies depends on the facts of the stop, the arrest, and the test. The sections below cover the permit, hearings, refusals, court penalties, and driving again.

Administrative suspension: what happens at the roadside and after arrest

The officer takes your physical driver license. In return, you get a 10-day temporary permit if you are otherwise eligible to drive, and the officer also issues a notice of suspension. The officer then has five days to send the license, the sworn grounds, and any test results to the state, under Fla. Stat. § 322.2615.

The state checks that paperwork too. Under Fla. Stat. § 322.26151, the Department of Highway Safety and Motor Vehicles reviews the officer’s materials for compliance. It tells the officer about any deficiency so it can be fixed before a hearing.

Many drivers treat the temporary permit as a formality. It is not. A suspension period begins on the date the notice of suspension is issued, not on the date your temporary permit expires. Keep every page and mark the dates.

The 10-day rule and requesting a hearing

The 10-day rule refers to the temporary permit. Asking for a hearing does not pause the suspension. A request for a formal or informal review hearing does not stay the suspension of a driver license. Your license can stay suspended while the request is pending.

A hearing still matters. The hearing is held in the county where you live, unless both sides agree otherwise.

The most common mistake is assuming a pending request protects your license. It does not. Notices also run on their own clock. Under Fla. Stat. § 322.251, notice is complete 20 days after mailing or e-mail. Not receiving it does not pause the suspension.

Refusal versus a failed breath or blood test

Refusing a test does not avoid the license penalty. Under Fla. Stat. § 316.1932, a driver must be told that refusing a lawful test brings a 1-year suspension for a first refusal. The period is 18 months if the driving privilege was previously suspended or the driver was previously fined for a refusal.

A refusal is also a crime. Under Fla. Stat. § 316.1939, a first refusal is a second-degree misdemeanor. A second or later refusal is a first-degree misdemeanor. This is the current text after the 2025 amendment (ch. 2025-121).

A failed test also brings a license consequence under § 322.2615. Under Fla. Stat. § 322.28, the state may not suspend a license for more than 1 year unless the law provides otherwise. Refusal and failed-test cases follow different rules, so the facts of your test shape the path.

Criminal suspension after conviction

A DUI conviction in court brings its own penalties, and license consequences can follow. The court must also require a substance abuse course from a licensed DUI program. The offender pays the reasonable costs.

License revocation is a separate track. Under Fla. Stat. § 322.291, a driver whose privilege was revoked upon a DUI conviction must show proof of enrollment in a department-approved advanced driver improvement course or a DUI program substance abuse education course before reinstatement; under § 316.193 the clerk must give notice at arraignment that upon conviction the court shall suspend or revoke the offender’s driver license.

The Florida Department of Transportation impaired driving page summarizes the range of DUI penalties. Each track has its own paperwork and deadlines, so handle them separately.

Can you drive after a DUI in Florida?

Sometimes, but only on a limited basis. A restricted license for business or employment use may be possible when the conditions are met. The hardship must keep you from your normal work, and your license must be needed to support you or your family.

The limits are strict. Repeat offenders face tighter limits. A temporary permit issued while a scheduled hearing is continued at the department’s initiative, or the driver enforces a subpoena, authorizes business or employment use only, is valid until the hearing is conducted if you are otherwise eligible, and may not be issued to a person who sought and obtained a continuance of the hearing. The state’s DUI FAQ also covers hardship driver licenses.

Driving while suspended creates new trouble.

How many DUIs does it take to lose a license in Florida?

One arrest can start a suspension, so the number of DUIs is not the only factor. A first arrest with a 0.08 result or a refusal can trigger the administrative suspension described above. Prior suspensions and refusals change the periods that apply.

Under Fla. Stat. § 322.291, a driver suspended for a test result or refusal must show DUI program enrollment before reinstatement. Failing to finish the program within 90 days after reinstatement can cancel the privilege. For the full range of DUI penalties and defenses, read our Florida DUI defense page.

Quick answers

A pre-conviction suspension comes from § 322.2615 when the test shows 0.08 or higher or the driver refuses testing. The suspension runs under § 322.2615.

Talk to a Miami DUI defense lawyer about your license

If a suspension notice or temporary permit has you worried about getting to work, you can talk it through with us. You may be reading this after a traffic stop, holding a permit with a date on it, or trying to help a family member after an arrest. These weeks are hard, and the paperwork moves fast.

Patrick David Wilson is the responsible lawyer for this page. He practices criminal defense with Patrick Wilson Law, PLLC, from the firm’s Miami office. The firm serves Miami-Dade, Broward, and the Florida Keys.

The first consultation is free, confidential, and carries no obligation to continue. Call 786-761-1719 or send a message through the contact form. A matter may be referred to another lawyer or firm when that is appropriate.