Understanding Immediate License Suspension, Your Rights, and How a Melbourne DUI Attorney Can Help
As a Melbourne DUI Attorney, one of the first questions I get asked by someone recently arrested is whether they lose their driver’s license on the spot. It’s a valid concern—your ability to drive affects your job, family, and daily life. Florida law gives police officers and the Department of Highway Safety and Motor Vehicles (DHSMV) the authority to suspend your license right after a DUI arrest, but that doesn’t mean you are without options. The process moves fast, and the clock starts ticking immediately.
Let me walk you through what happens, what rights you have, and how I can help you challenge the suspension and defend your case in court. I’ll also explain the defenses that may apply and why hiring a private Melbourne DUI Attorney early can make all the difference.
What the Law Says About Immediate License Suspension After a DUI Arrest
Under Florida Statute § 322.2615(1)(a), your driver’s license is subject to administrative suspension at the moment of arrest if you either:
- Blow a 0.08% BAC or higher on a breath test, or
- Refuse to submit to a lawful breath, blood, or urine test.
Here is the statute language from § 322.2615:
“The department shall suspend the driver license of a person who has been arrested for a violation of s. 316.193 and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher or who refused to submit to a lawful breath, blood, or urine test…”
This suspension is separate from the criminal charge and is handled by the DHSMV.
Do You Lose Your License Immediately? Technically, Yes—But There Is a Way to Fight It
If you refused testing or blew over the legal limit, the officer will take your physical license and issue you a DUI citation that acts as a temporary driving permit for 10 days.
During that 10-day window, you have the right to challenge the suspension by requesting a Formal Review Hearing with the DHSMV. This is your only chance to fight the administrative suspension. If you fail to act within those 10 days, your license will be suspended automatically.
A successful challenge at this stage can result in full reinstatement of your driving privileges. Even if your case ultimately ends in a dismissal or acquittal in court, the administrative suspension stands unless you fight it separately and early.
What Are the Penalties for the Administrative Suspension?
Depending on the situation, your administrative penalties may include:
- First offense (BAC over .08): 6-month suspension
- First offense (Refusal): 12-month suspension
- Second refusal: 18-month suspension and additional penalties under § 322.2616 and § 316.1939
These are serious consequences. That’s why working with a Melbourne DUI Attorney within 24–48 hours after the arrest is essential.
What Defenses Apply to the Administrative Suspension?
As your DUI lawyer, I examine every aspect of your arrest to challenge the legality of the stop, testing procedures, and your consent. Defenses may include:
- Unlawful traffic stop: If the officer lacked reasonable suspicion or probable cause.
- Improper breath test administration: Faulty equipment or protocols.
- Lack of probable cause for arrest: Missing justifications for the DUI charge.
- Improper warning before refusal: Officers must read specific warnings.
Why You Need a Private Melbourne DUI Attorney
The first 10 days after a DUI arrest are the most critical. Public defenders do not handle DHSMV hearings, and if you wait, you could lose your license for months.
As your Melbourne DUI Attorney, I handle both the criminal case and the DHSMV hearing. This gives us two opportunities to protect your record and driving privileges.
Real Case Example: Client Saved From 12-Month Suspension
A Tampa client refused a breath test and had only a 10-day permit. On day seven, he contacted me. I quickly requested a Formal Review Hearing.
The officer had failed to provide the required implied consent warning, and the affidavit had inconsistencies.
Result: The suspension was invalidated. His license was reinstated, and the DUI charge was later reduced to reckless driving.
DUI Criminal Penalties and License Suspensions Work Separately
Even if your administrative suspension is overturned, you still face potential criminal penalties:
- First DUI: Up to 6 months in jail, $500–$1,000 fine, 6-month to 1-year license suspension
- Second DUI: Up to 9 months in jail, $1,000–$2,000 fine, 5-year revocation
- Third DUI: Possible felony, up to 5 years in prison, long-term revocation
A skilled Melbourne DUI Attorney will build a strong defense on both the criminal and administrative fronts.
Reinstatement and Hardship Licenses
If your license is suspended, you may qualify for a hardship license. Requirements include:
- Enrollment in DUI School
- Payment of reinstatement fees
- Proof of hardship (e.g., employment, education)
As your attorney, I can help assemble and present your case for eligibility.
The 10-Day Rule: Act Quickly or Lose Your License
What to do after a DUI arrest:
- Contact a Melbourne DUI Attorney immediately
- Request a Formal Review Hearing with DHSMV
- Collect documents from the arrest: citation, reports, test results
- Prepare for both administrative and criminal proceedings
The faster you act, the better your chances of preserving your license.
Florida DUI FAQs: What Happens to My License?
What is the 10-day permit I received? It allows you to drive for 10 days after your arrest while you decide whether to request a hearing.
Can I keep driving after 10 days? Only if your hearing is pending or you qualify for a hardship license.
Can I fight a suspension if I refused the breath test? Yes—procedural errors or incorrect warnings can be grounds to challenge it.
What if this is my first offense? You may qualify for pre-trial diversion or charge reductions—but only if you act quickly.
Is the DHSMV suspension different from the court one? Yes. You must fight both separately.
Can a public defender help with my license suspension? No. Only a private attorney handles DHSMV hearings.
Can I get a hardship license if I refused testing? Possibly, if it’s your first refusal.
What happens at a Formal Review Hearing? It’s your chance to challenge the suspension and question the officer.
What if I don’t request a hearing? You lose the right to challenge the suspension. It becomes automatic.
How can a Melbourne DUI Attorney help? I protect your license, analyze your arrest, and fight for a reduced or dismissed charge.
Call a Melbourne DUI Attorney Before You Lose Your License
Murphy & Downs Law Offices is here to help. We handle both the criminal and administrative side of your DUI case to protect your license and your future. Contact us today to begin your defense before the 10-day window closes.