The 10-Day Rule After a Florida DUI Arrest

What the law says

Section 322.2615, Florida Statutes, directs the arresting officer to suspend the driving privilege, on behalf of FLHSMV, of a person who was driving or in actual physical control of a vehicle and who either had an unlawful alcohol level of 0.08 or higher or refused a breath, blood, or urine test. The officer takes the driver license, issues a notice of suspension, and, if the person is otherwise eligible to drive, issues a 10-day temporary permit.

The statute requires the notice to tell the driver that:

• the suspension period starts on the date the notice is issued;
• the driver may request a formal or informal review of the suspension within 10 days after that date, or may request a review of eligibility for a restricted driving privilege;
• the temporary permit expires at midnight of the 10th day after the notice is issued; and
• the driver may submit any materials relevant to the suspension.

How long the suspension lasts

Reason for the suspension	First time	If previously suspended for the same reason
Alcohol level of 0.08 or higher	6 months	1 year
Refusal to submit to a breath, blood, or urine test	1 year	18 months

These are the administrative periods in section 322.2615. A conviction in the criminal case carries its own license revocation, described in our guide to DUI in Florida.

The choices within the 10 days

1. Informal review

A hearing officer at FLHSMV examines the documents sent in by the officer and anything the driver submits. No witnesses attend. The department must send its decision within 21 days after the temporary permit expires.

2. Formal review

FLHSMV must schedule a hearing within 30 days after it receives the request. The hearing officer can take testimony, receive evidence, and issue subpoenas for the officers and witnesses named in the paperwork. The driver may subpoena the arresting officer and the person who gave or analyzed the breath or blood test. The department must send notice of the decision within 7 working days after the hearing.

Three rules in the statute matter here. If the driver asks for a formal review and then does not appear without just cause, the right to the hearing is waived and the suspension is sustained. If the department fails to schedule the hearing within 30 days of receiving the request, it must invalidate the suspension. And although a subpoenaed witness’s failure to appear does not by itself invalidate a suspension, the statute requires the department to invalidate it if the arresting officer or the breath technician fails to appear under a subpoena.

3. A restricted license instead of a review

Section 322.271(7), Florida Statutes, gives a third option to a driver who has never before had a license suspended under section 322.2615, has never been disqualified under the commercial-driver section, and has never been convicted of DUI. That driver may be eligible for a license restricted to business purposes for the length of the suspension. The statute says that accepting it is a waiver of the right to a formal or informal review, and that the waiver may not be used as evidence in any other proceeding.

The same section defines business purposes as driving necessary to maintain a livelihood, including driving to and from work, necessary on-the-job driving, and driving for educational, church, and medical purposes. For a license suspended under section 322.2615, it also requires proof of enrollment in a licensed DUI program course.

What a review decides

The hearing officer decides by a preponderance of the evidence whether there is sufficient cause to sustain, amend, or invalidate the suspension. The statute limits the questions.

• Alcohol-level suspension: whether the officer had probable cause to believe the person was driving or in actual physical control of a vehicle while under the influence, and whether the person had an alcohol level of 0.08 or higher.
• Refusal suspension: whether the officer had that probable cause, whether the person refused a test after being asked, and whether the person was told that refusing would lead to a suspension of 1 year, or 18 months for a second or later refusal.

The review does not decide whether the person is guilty of DUI.

What happens next

• The suspension continues during the review. The statute says a request for review does not stay the suspension. If a formal hearing is postponed at the department’s initiative, the department issues a temporary permit for business or employment driving until the hearing is held.
• If the suspension is sustained, the driver cannot get a business or employment license until 30 days after the last temporary permit expired for an alcohol-level suspension, or 90 days for a refusal.
• A further challenge is by a petition for a writ of certiorari to the circuit court. It does not pause the suspension, and it is not a new hearing.

How the review relates to the criminal case

• The department’s decision may not be considered in the criminal DUI trial, and a written statement the driver submits with a request for review may not be used against the driver in that trial.
• If the person is found not guilty of DUI at trial, the department must invalidate a suspension that was based on an unlawful alcohol level.
• The outcome of the criminal case does not affect a suspension for refusing a test.

Since October 1, 2025, a refusal can also be charged as a crime under section 316.1939. See DUI in Florida for that rule.

Exceptions and special cases

• Drivers under 21. A separate section, section 322.2616, Florida Statutes, suspends the license of a driver under 21 with an alcohol level of 0.02 or higher. It also provides for a 10-day temporary permit.
• Not eligible for a temporary permit. The permit is issued only if the person is otherwise eligible to drive.
• Notice issued later by the department. When a blood test result comes back after the arrest, FLHSMV issues the notice, and the 10 days run from the date it is issued.

Common questions

Is the 10 days counted in business days?

The statute says “within 10 days after the date of issuance of the notice of suspension” and does not limit that to business days.

Does requesting a review let me keep driving?

Not by itself. The temporary permit still expires at midnight on the 10th day, and a request for review does not stay the suspension.

Does the 10-day rule apply if I refused the test?

Yes. The same review period applies to refusal suspensions.

Does this have anything to do with D.R.O.P.?

No. D.R.O.P. is the State Attorney’s diversion program for the criminal charge in Pinellas and Pasco counties. The license suspension is handled by FLHSMV.

When to speak with an attorney

The choice between a review and a restricted license has to be made within days of the arrest, and choosing the restricted license gives up the review. A licensed Florida attorney can explain how those options apply to a specific driving record. More guides are on the DUI and Traffic Crimes topic page.