Miami DUI Defense
How Long Is a DUI on Your License?
The license suspension and the DUI on your record run on different clocks. Patrick Wilson Law explains how each one works and what to check before you assume the matter is over.
By Patrick David Wilson · Published October 19, 2026
The short answer: the license and the record run on different clocks
How long is a DUI on your license? In Florida, the answer depends on which clock you mean. The license suspension is a set period. The DUI stays on your driving record much longer than the suspension lasts.
For a first offense with a breath or blood result of 0.08 or higher, the administrative suspension is six months under Fla. Stat. § 322.2615. A conviction brings a separate license consequence, and its length depends on your history.
This page takes the two clocks in order. Use the part that matches the paper you’re holding: the notice from the officer, or the court’s paperwork.
If a suspension notice is in your hands and the dates feel urgent, our team can walk through your paperwork with you. Call 786-761-1719 or leave us a message. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
The administrative suspension after a DUI arrest and the 10-day rule
An administrative suspension can start the day of arrest, before any conviction. The officer takes your license, gives you a 10-day temporary permit, and issues a notice of suspension. Fla. Stat. § 322.2615 requires an officer to suspend the license of a person who is driving or in actual physical control of a motor vehicle when a test shows 0.08 or higher, or when that person refuses a urine, breath, or blood test.
The suspension period starts on the date the notice is issued. Missing the mail does not stop it. Under Fla. Stat. § 322.251, not receiving the order does not stay its effective date. So use the 10-day permit window to act, not to wait.
Length depends on the facts. A first offense at 0.08 or higher carries six months. A first refusal carries one year, and a refusal after a prior one carries 18 months, under Fla. Stat. § 322.2615.
You can ask for a hearing. Under Fla. Stat. § 322.271, you can request a hearing, held within not more than 30 days after the department gets your request, to show that the suspension causes a serious hardship and keeps you from your normal business or employment. This hearing is not available to a habitual traffic offender or to a person who is ineligible for a limited or restricted license. The FLHSMV DUI suspension guide lays out the administrative side.
Refusing a chemical test carries its own consequences: an administrative driver license suspension under Fla. Stat. § 322.2615, which is separate from the DUI offense under Fla. Stat. § 316.193. Under Fla. Stat. § 316.193, a person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state and is under the influence to the extent that the person’s normal faculties are impaired. The administrative case and the criminal case run separately, but a DUI conviction carries its own license consequence: upon conviction, the court shall suspend or revoke the driver license.
For Miami readers facing this timeline, our Miami DUI defense page covers the criminal side.
The court-ordered license suspension after a DUI conviction
A DUI conviction brings its own license consequence, set under a separate part of the law. Under Fla. Stat. § 316.193, a person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle in Florida and meets the section’s conditions, including being under the influence of alcohol, certain chemical substances, or controlled substances to the extent that the person’s normal faculties are impaired. Under Fla. Stat. § 322.291, a person whose driving privilege has been revoked upon conviction for that offense must, before the privilege may be reinstated, present proof of enrollment in a department-approved advanced driver improvement course or a substance abuse education course run by a licensed DUI program, which includes a psychosocial evaluation and treatment if referred.
If the court does not set a revocation period, the department applies the maximum for a first conviction. You may petition the court within 30 days for a further hearing on that period, under Fla. Stat. § 322.28. A court must permanently revoke a license after four DUI convictions.
If your driving privilege was revoked upon a DUI conviction, or your license was suspended under the point system, for an unlawful blood-alcohol level, for a DUI violation, or for refusing a lawful breath, blood, or urine test, then before reinstatement you must present proof of enrollment in a department-approved advanced driver improvement course or a substance abuse education course conducted by a licensed DUI program, which includes a psychosocial evaluation and treatment if referred (Fla. Stat. § 322.291).
Work is often the first worry. Under Fla. Stat. § 322.271, a person whose license was revoked under s. 322.28(2)(a) for 5 years or less may, 12 months after the revocation, petition for reinstatement on a restricted business or employment basis (24 months if revoked for more than 5 years). The person must have not driven and been drug free for at least 12 months before reinstatement, must be supervised by a DUI program licensed by the department, and must report to the program at least three times a year for the rest of the revocation period; if the person does not comply, the department shall cancel the driving privilege. This does not apply to a permanent revocation.
If you have a court date, our Miami DUI lawyer page explains the criminal case behind this suspension.
How long a DUI stays on a Florida driving record
The driving record keeps the DUI much longer than the suspension lasts. The suspension is a fixed period. It ends once the set time passes and the reinstatement steps are done.
The department keeps the record separately. Under Fla. Stat. § 322.20, the department keeps records of crash reports, abstracts of court convictions, and notices of revocation or suspension. The suspension ends, but the notices stay in the department’s file.
Plan for the long record now. Keep copies of your notice, your court order, and your DUI program completion papers. These documents answer questions later, when you need to show what happened and when.
Driving record versus criminal record: why background checks show a DUI
A DUI can appear on a background check through the criminal record. That record is a separate file from your driving record. A background check looks at criminal history, not only your driving history.
Sealing and expunction can change what shows. A sealed record is confidential and available only to limited persons. The court may deny the request at its sole discretion.
Neither process is automatic. Each one is a court decision, and the rules depend on the facts of your case. Our expunge DUI in Florida page covers eligibility in more detail.
Questions to bring to a first conversation about your license
Gather your arrest paperwork, your notice of suspension and temporary permit, any court date or order, and your driving history. The notice date starts the license clock, so find that date first.
Bring these questions:
- When does my suspension start and end, based on my notice?
- Does my case involve a test result of 0.08 or higher, a refusal, or both?
- Am I eligible for a restricted permit for work, and when?
- Which DUI program course do I need before reinstatement?
- Does any prior suspension change the length?
How long is a DUI on your license in Florida?
Under Fla. Stat. § 322.2615, for a driver with a blood-alcohol level of 0.08 or higher, the driving privilege is suspended for 6 months for a first offense, or for 1 year if the privilege was previously suspended under this section. A first refusal carries one year under Fla. Stat. § 322.2615.
Does a DUI stay on your driving record?
Yes, the record keeps the DUI much longer than the suspension lasts. The two run on separate clocks.
Will a DUI show up on a background check?
It can, because background checks draw on criminal history records. Sealing or expunction is a court decision, not an automatic step.
This page is written for Patrick Wilson Law, PLLC. The responsible lawyer is Patrick David Wilson, with our office in Miami, Florida.
If a suspension notice is in your hands and the dates feel urgent, you don’t have to sort them out alone. Our team can walk through your paperwork with you. Call 786-761-1719 or leave us a message. Your first consultation is free, confidential, and carries no obligation to continue.
Why the two clocks matter
The license suspension
A suspension runs for a set period. Once it ends, the license question is separate from the case itself.
Conviction consequences
A conviction can bring its own license consequence, and the length depends on your history and the details of the case.
Your history matters
First-time and repeat matters are handled differently, so the facts of your record shape what comes next.
Don't assume the end date is the end of the matter
Reinstating a license and clearing a DUI from your record are not always the same step. Review the suspension, the conviction, and the record together before you make decisions about driving or your job.
Questions to bring to your consultation
Which result was recorded?
Bring any breath or blood results, citations, and paperwork you received at the time of the stop.
Where does your license stand?
Note any suspension notices, dates, and any hearing paperwork so the timeline is clear.
What is on your record?
Gather your prior history, including any earlier traffic or criminal matters, so the full picture is reviewed.
What does your career depend on?
If you hold a professional license or work in a regulated field, say so early so the consequences can be reviewed in that context.
