On this page
Quick answer
A Florida DUI can take a driver license in two separate ways. The first is an administrative suspension that starts at the arrest when the alcohol level is 0.08 or higher or a test is refused. It lasts 6 months to 18 months and is handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). The second is a revocation ordered by the court after a DUI conviction. It lasts at least 180 days for a first conviction and can be permanent after a fourth.
Key takeaways
- The administrative suspension does not depend on a conviction. It begins on the date of the notice of suspension.
- The court revocation begins on the date of conviction and is set by section 322.28.
- A not-guilty verdict undoes an alcohol-level suspension, but the outcome of the criminal case does not affect a suspension for refusing a test.
- A restricted license for business or employment driving is possible in many cases, after waiting periods that depend on the type of suspension.
- An ignition interlock device is required for many convictions once a person qualifies for a license again.
The two actions compared
| Administrative suspension | Court-ordered revocation | |
|---|---|---|
| Statute | Section 322.2615 | Section 322.28(2) |
| What triggers it | An alcohol level of 0.08 or higher, or refusing a breath, urine, or blood test | A conviction for DUI |
| Who imposes it | The officer, on behalf of FLHSMV | The judge, along with the sentence |
| When it starts | The date the notice of suspension is issued | The date of conviction |
| How it is challenged | A formal or informal review requested within 10 days | In the criminal case |
How long the administrative suspension lasts
- Alcohol level of 0.08 or higher: 6 months, or 1 year if the license was previously suspended under the same section.
- Refusal: 1 year, or 18 months if the license was previously suspended for a refusal.
The review process and its deadline are explained in the 10-day rule after a Florida DUI arrest.
How long the court revocation lasts
Section 322.28 tells the court to revoke the license when it sentences a person for DUI:
| Conviction | Revocation |
|---|---|
| First | At least 180 days, not more than 1 year |
| Second, for an offense within 5 years of a prior DUI conviction | At least 5 years |
| Third, for an offense within 10 years of a prior DUI conviction | At least 10 years |
| Fourth | Permanent |
| DUI manslaughter | Permanent |
The same section treats a bail bond forfeiture in a DUI case that is not vacated within 20 days as the equivalent of a conviction for this purpose.
How the two fit together
- They run on separate tracks. FLHSMV’s decision on the administrative suspension may not be considered in the DUI trial.
- A not-guilty verdict helps only one kind. If the person is found not guilty of DUI at trial, FLHSMV must invalidate a suspension based on an unlawful alcohol level. The statute says the outcome of the criminal case does not affect a suspension for refusing a test.
- A reduced charge is not a DUI conviction. The revocation in section 322.28 follows a conviction for DUI. See can a DUI be reduced to reckless driving?
Getting a restricted license
A restricted, or hardship, license is decided by FLHSMV under section 322.271, not by the criminal court. The waiting periods differ:
- First administrative suspension, no prior DUI: a driver may be eligible for a business-purposes license right away by giving up the review. See the 10-day guide.
- Administrative suspension sustained after review: 30 days for an alcohol-level suspension, or 90 days for a refusal, after the last temporary permit expires.
- Court revocation of 5 years or less: a petition is possible 12 months after the revocation was imposed.
- Court revocation of more than 5 years: a petition is possible after 24 months.
More detail is in hardship licenses and DUI school in Florida.
Ignition interlock devices
Section 322.2715, Florida Statutes, requires an ignition interlock device, at the driver’s expense, when a person convicted of DUI qualifies for a license again:
- first conviction with an alcohol level of 0.15 or higher, or with a passenger under 18: at least 6 continuous months;
- second conviction: at least 1 continuous year, or 2 years if the level was 0.15 or higher or a minor was in the vehicle;
- third conviction: at least 2 continuous years; and
- fourth or later conviction: at least 5 years.
For a first conviction at a level below 0.15, a device may be ordered for at least 6 continuous months.
Common questions
Do the two periods run at the same time?
The statutes set a start date for each: the notice date for the administrative suspension and the conviction date for the revocation. How the periods overlap in a specific record is a question for FLHSMV.
What happens if a person drives during the suspension?
Driving while a license is suspended or revoked is a separate offense. See our summary of section 322.34.
Does this apply to drivers under 21?
Drivers under 21 are also subject to section 322.2616, which suspends a license at an alcohol level of 0.02 or higher.
When to speak with an attorney
Which waiting period applies, and whether a restricted license is available, depends on the person’s full driving record. A licensed Florida attorney can review it. More guides are on the DUI and Traffic Crimes topic page.
Official resources and sources
- Section 322.2615, Florida Statutes — administrative suspension; right to review
- Section 322.28, Florida Statutes — period of suspension or revocation
- Section 322.271, Florida Statutes — restricted licenses
- Section 322.2715, Florida Statutes — ignition interlock device
- Section 322.2616, Florida Statutes — drivers under 21
- Florida DUI and Administrative Suspension Laws — Florida Department of Highway Safety and Motor Vehicles
