DUI in Miami: What Happens to Your Driver’s License?

By Yoel Molina, Law Office of Yoel Molina, P.A.

A traffic citation or driving-related legal issue can raise questions about your options and deadlines. The first step is to identify the exact document or allegation and avoid assumptions about how it must be handled.

Two processes after a DUI arrest

A DUI arrest in Miami-Dade can trigger both a criminal traffic case and a separate administrative driver’s-license process. The license process does not necessarily wait for the criminal case to conclude. Review the Notice of Suspension promptly rather than relying only on your upcoming court date.

The 10-day review deadline

Under Florida Statutes section 322.2615, a person whose license is administratively suspended under that section generally has 10 days after issuance of the Notice of Suspension to request formal or informal review. An eligible driver may also receive a temporary driving permit. Requesting review does not automatically stop the suspension.

Formal and informal reviews

An informal review involves review of the available documents by a hearing officer. A formal review allows a hearing process involving evidence and potentially witnesses. FLHSMV generally must schedule a formal review within 30 days after receiving a request. The questions reviewed depend on whether the suspension concerns an unlawful alcohol level or a refusal.

Can you continue driving?

Do not assume you can drive because you still possess a physical license. Check any temporary permit, its expiration date, and your eligibility. Restricted-driving options are fact-specific, and some statutory options may require waiving formal or informal review rights. Discuss those consequences with qualified counsel before choosing an option.

Criminal court in Miami-Dade

DUI is a criminal traffic matter. Verify the time, location, and requirements of every court appearance through the official court and clerk records. Missing a required appearance can have serious consequences.

First steps

Keep the citation, Notice of Suspension, temporary permit, arrest paperwork, and any later agency notices. Verify your license status and court date, preserve relevant evidence, and obtain legal advice early enough to evaluate separate administrative and criminal deadlines.

Frequently asked questions

Does a review request guarantee restoration? No. Does success in an administrative hearing automatically end the criminal case? No. Is every driver eligible for restricted privileges? No. The facts, driving history, and applicable statutes matter.