Getting arrested for DUI in Florida is overwhelming. For many of our clients, the first question isn’t about jai, it’s about their ability to drive. In Palm Beach County, as in the rest of Florida, your driver’s license is on the line immediately after a DUI arrest. The law creates two separate processes that affect your license:

  1. An administrative suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV)

  2. A potential suspension from the criminal court case

Understanding how these processes work, and how quickly you need to act, can make the difference between keeping limited driving privileges and being stuck without a license.

Immediate Suspension by FLHSMV

When you are arrested for DUI in Florida, the officer will usually take your physical driver’s license and issue you a temporary driving permit (valid for 10 days). At the same time, the FLHSMV automatically starts an administrative suspension:

  • If you blew .08 or higher: Your license is suspended for 6 months.

  • If you refused to blow: Your license is suspended for 12 months (18 months if it’s your second refusal).

This suspension is separate from the court case. Even if your DUI charges are later reduced or dismissed, this suspension can still stand unless you take action.

You Only Have 10 Days to Act

The most important deadline: You have 10 days from your arrest to request a Formal Review hearing with FLHSMV.

  • If you request the hearing, you’ll receive a temporary driving permit that allows you to drive for business purposes (work, school, doctor, religious services) until your hearing date.

  • If you don’t request the hearing, your suspension goes into effect immediately after the 10 days are up.

A Formal Review hearing is more than just a paperwork step, it’s a powerful opportunity to try to get your license back. Think of it as a mini-trial:

  • The officers involved can be subpoenaed to testify under oath.

  • Sworn statements and police reports are examined, often exposing mistakes or inconsistencies.

  • DMV procedures, while tilted in favor of the state, sometimes work in the defense’s favor. Suspensions have been overturned because of:

    • Missing witness involvement

    • Document errors

    • Misunderstanding or misapplication of the law

Even if the DMV ultimately upholds the suspension, the testimony and evidence gathered during the Formal Review can be invaluable in your criminal DUI case. In some situations, what comes out in this hearing has directly led to dismissals or reductions of criminal charges.

This is why hiring an attorney quickly is critical. Our office routinely files these hearings for clients in Palm Beach Gardens, Jupiter, West Palm Beach, and throughout Palm Beach County.

Hardship Licenses in Florida

If your license is suspended, you may still qualify for a hardship license, also known as a restricted license.

  • For breath test failures (.08 or higher): You may be eligible for a hardship license after serving a 30-day “hard suspension” (no driving at all).

  • For breath test refusals: You may be eligible after a 90-day hard suspension.

  • For repeat offenders: Eligibility is much more limited.

To obtain a hardship license, you must:

  1. Enroll in a DUI school approved by the state.

  2. Apply through the Bureau of Administrative Reviews office (there’s one in West Palm Beach).

  3. Show proof of need (work, school, family care responsibilities).

Our firm assists clients through this process, ensuring paperwork and timing are handled correctly.

The Criminal Case Suspension

Separately, your DUI charge in court can also result in a suspension:

  • First DUI conviction: A minimum 6-month to 1-year suspension.

  • Second DUI within 5 years: A 5-year suspension (possible hardship after 1 year).

  • Third DUI within 10 years: A 10-year suspension (possible hardship after 2 years).

The court suspension is in addition to the FLHSMV suspension. Sometimes they run at the same time; other times, they stack. This is another reason why handling both processes strategically is essential.

How Quickly Can You Drive Again?

The short answer: It depends on your choices in the first 10 days.

  • With quick legal action, you may drive on a business-purpose-only permit almost immediately while awaiting your hearing.

  • If you don’t act, you could be facing weeks, or months without the ability to drive at all.

For professionals, executives, or parents with busy schedules, this can be devastating. Losing your license can mean losing your job, your independence, and your ability to provide for your family.

Why a Lawyer Makes the Difference

The DUI license process is complicated, and the rules are strict. We’ve seen cases where someone missed the 10-day deadline by a single day and ended up unable to drive for months. We’ve also seen professional clients nearly lose their careers because they didn’t realize the administrative suspension is separate from the court case.

An experienced DUI defense attorney can:

  • File your Formal Review hearing within the 10-day deadline.

  • Fight the suspension at the administrative level.

  • Guide you through DUI school and hardship license applications.

  • Work to minimize or avoid court-imposed suspensions.

For many clients, the ability to drive—even with restrictions—is just as important as the outcome of the criminal case.

Watch Our DUI Video Guides

For more on Florida DUI law, watch these videos on our YouTube channel:

These short videos break down complicated legal issues into clear, useful guidance—whether this is your first DUI or you’re helping a family member through the process.

Conclusion

After a DUI arrest in Florida, your license is in immediate jeopardy—before you ever see a judge. The FLHSMV suspension, the court suspension, and the possibility of a hardship license all make this process confusing and stressful.

The good news: with the right legal guidance, you may be able to keep driving while your case moves forward.

If you’ve been arrested for DUI in Palm Beach County, don’t wait. You only have 10 days to protect your license.

Call The Law Office of Matthew Konecky, P.A. today to schedule a confidential consultation and learn how we can fight for both your freedom and your ability to drive.

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