What Happens to Your License After a DUI Arrest in Miami-Dade?

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

 

A DUI arrest can leave you facing several questions at once: Do I have to go to court? Can I drive tomorrow? Is my license already suspended? What does the paperwork the officer gave me mean? Do I have to wait until my criminal case is resolved?

One of the most important things to understand at the beginning is that a DUI arrest can trigger more than one process. The issue involving your driver's license does not necessarily wait for the criminal case to end.

Under Florida law, when a law enforcement officer administratively suspends a person's driving privilege because of an unlawful blood-alcohol or breath-alcohol level of 0.08 or higher, or because of a refusal to submit to a test covered by the statute, the officer issues a Notice of Suspension. If the driver is otherwise eligible, the officer also issues a 10-day temporary permit.

Florida law also provides a 10-day period after issuance of the Notice of Suspension to request a formal or informal review by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

That makes the first days after an arrest particularly important. This does not mean that a suspension can necessarily be avoided. It means there may be deadlines and decisions involving your driver's license that are separate from the criminal DUI case.

 

Can You Keep Driving After a DUI Arrest?

There is no single answer that applies to everyone.

Whether you may continue driving depends on the Notice of Suspension, whether you received a temporary permit, your eligibility, your driving history, and other circumstances.

Under Florida Statutes § 322.2615, when applicable, a temporary permit issued at the time of suspension expires at midnight on the 10th day following issuance of the Notice of Suspension. The statute also provides a 10-day period after issuance of the notice to request formal or informal review.

For that reason, you should not assume that because your first court date is several weeks away, nothing needs to be done about your driver's license in the meantime.

Your criminal-court schedule and the FLHSMV administrative process may operate on different timelines.

A DUI Arrest Can Involve More Than One Process

After a DUI arrest, it helps to separate two different proceedings.

1. The Criminal DUI Case

In Miami-Dade County, DUI is classified as a criminal traffic matter. The Eleventh Judicial Circuit explains that criminal traffic cases, including DUI, are more serious than civil traffic infractions and require a court hearing.

Depending on the circumstances, the criminal process may involve court appearances, review of evidence, motions, negotiations, and potentially a trial or another resolution permitted by law.

2. The Administrative Driver's License Process

FLHSMV may separately impose an administrative suspension of a person's driving privilege under Florida Statutes § 322.2615.

Review of that suspension has its own procedures and deadlines.

An administrative decision concerning the driver's license does not automatically determine guilt or innocence in the criminal DUI case. The two proceedings should therefore not be treated as though they are the same case.

What Does the 10-Day Deadline Mean?

Florida law allows a driver whose license has been suspended under § 322.2615 to request a formal or informal review within 10 days after issuance of the Notice of Suspension.

Informal Review

An informal review consists of an FLHSMV hearing officer examining materials submitted by law enforcement and by the person whose license was suspended.

The presence of an officer or other witness is not required.

Formal Review

If a formal review is requested, FLHSMV generally must schedule the hearing within 30 days after receiving the request.

The hearing officer may receive evidence, examine witnesses, and issue subpoenas as authorized by law. A person requesting the attendance of certain witnesses may also have responsibilities involving subpoenas and witness fees.

Importantly, requesting a formal or informal review does not automatically stop the administrative suspension.

What Does FLHSMV Review?

The issues considered depend on the basis for the suspension.

When a suspension involves an unlawful blood-alcohol or breath-alcohol level of 0.08 or higher, the administrative review addresses issues specified by Florida law concerning the circumstances of the stop or encounter, probable cause, and the alcohol level involved.

When a suspension is based on refusal to submit to testing, the review can involve issues such as probable cause, whether a test was lawfully requested, whether the driver refused, and whether the required warning concerning the consequences of refusal was given.

These are legal and evidentiary questions. A person who does not remember every detail of the arrest should not feel compelled to guess or reconstruct what happened without reviewing the available evidence.

How Long Can an Administrative Suspension Last?

Under the current version of Florida Statutes § 322.2615, the length of an administrative suspension depends on the basis for the suspension and the driver's history.

For an unlawful alcohol level of 0.08 or higher, the statute generally provides for a six-month suspension in the initial situation described by the statute and a one-year suspension when there has been a prior suspension under that provision for an unlawful alcohol level.

For a refusal, the statute generally provides for a one-year suspension for a first refusal and 18 months when the driver's privilege has previously been suspended for a refusal under the applicable provision.

These periods should not be treated as an automatic calculation for an individual case. Driving history, license type, prior suspensions or disqualifications, and the specific circumstances can affect the analysis.

Can You Obtain a Restricted Driver's License?

In some situations, a person may be able to seek restricted driving privileges for business or employment purposes. Eligibility is not universal.

Florida Statutes §§ 322.2615 and 322.271 contain rules governing eligibility for restricted driving privileges, including waiting periods and requirements that vary depending on the circumstances.

Florida law also provides a particular restricted-reinstatement pathway for certain qualifying drivers. Importantly, accepting restricted driving privileges under the statutory provision described in § 322.271 can constitute a waiver of the right to formal and informal review under § 322.2615.

Because the available options can have different consequences, this is a decision that should be evaluated carefully.

Do not assume that an option available to a friend, relative, or coworker will necessarily be available in your case.

What Happens in Miami-Dade Court?

The Eleventh Judicial Circuit identifies DUI as a criminal traffic offense.

Unlike an ordinary civil traffic infraction, a criminal traffic case requires a court hearing. The court states that the defendant will receive notice containing the time, date, and location of the hearing. It also warns that failure to appear can result in issuance of a bench warrant.

The precise location and manner of appearance can depend on the division, case, and applicable court orders.

Do not rely on an address found in an old article or blog post instead of the official notice for your case. Verify your case information through official Miami-Dade Clerk and Eleventh Judicial Circuit resources.

What Documents Should You Keep After a DUI Arrest?

Keep all documents you received.

These may include your citation, Notice of Suspension, temporary driving permit, arrest or release paperwork, bond documents, property receipt, towing information, and documents concerning breath, blood, or urine testing.

You should also retain later communications from FLHSMV, the Clerk of Court, or the court.

For a legal evaluation, an attorney may also want to review available video, reports, testing information, your driving history, and other evidence obtainable through the appropriate procedures.

What Should You Do During the First Few Days?

First, read your Notice of Suspension carefully and identify its issuance date. The administrative deadline is tied to that notice rather than a future criminal-court date.

Second, determine whether you received a temporary driving permit, what it authorizes, and when it expires. Do not assume that physically possessing your plastic driver's license means your driving privilege remains valid.

Third, verify your criminal-court date and case information using official sources.

Fourth, preserve documents and potentially relevant evidence. This may include existing messages, receipts, photographs, videos, or location information legitimately stored on your devices or accounts.

Fifth, if you want legal advice, consider seeking it early enough for an attorney to evaluate both the criminal DUI matter and any applicable administrative driver's-license issues.

What Should You Avoid After a DUI Arrest?

Do not ignore the Notice of Suspension because you are waiting for your first criminal-court date.

Do not drive solely because a friend or another person told you that you are allowed to do so.

Do not post detailed explanations of the arrest on social media, including statements about what you drank, how much you drank, testing, or what occurred.

Do not ask witnesses to change, hide, or coordinate their accounts.

Do not destroy documents, messages, photographs, videos, or other potentially relevant materials.

And do not miss a required court appearance. The Eleventh Judicial Circuit warns that failure to appear in a criminal traffic case can result in a bench warrant.

Breath, Blood, Urine Tests, and Refusals

Testing issues in DUI cases can be technically complex.

An administrative suspension under § 322.2615 may arise from an unlawful blood-alcohol or breath-alcohol level of 0.08 or higher or from refusing a lawfully requested breath, blood, or urine test under circumstances covered by the statute.

A refusal does not automatically mean that there is "no case." Likewise, a test result does not mean that there is nothing for an attorney to review.

Depending on the circumstances, the legal analysis may involve the reason for the stop or encounter, probable cause, testing procedures, documentation, available video, warnings given to the driver, and other evidence.

This article cannot determine those issues for an individual case.

How Does an Attorney Evaluate a DUI Case?

A careful DUI evaluation involves more than asking what number appeared on a breath-testing device.

Depending on the circumstances, an attorney may examine the reason for the traffic stop or police encounter, the officer's observations, field sobriety exercises, body-camera or dash-camera footage, chemical testing, warnings, the sequence of events, FLHSMV paperwork, the driver's history, and upcoming court requirements.

An attorney may also identify which decisions have independent deadlines.

The administrative driver's-license process and the criminal DUI case may need to be considered together strategically, but they remain separate proceedings.

Frequently Asked Questions

Do I have exactly 10 days to "win" my license back?

No. The 10-day period concerns requesting a formal or informal review after issuance of the Notice of Suspension. Requesting review does not guarantee that the suspension will be invalidated.

Does requesting a hearing automatically stop my suspension?

No. A request for formal or informal review does not, by itself, stay the administrative suspension.

Does a temporary permit mean my license is completely normal?

Not necessarily. It is a temporary permit subject to statutory conditions and eligibility requirements. Review the specific document you received.

If I prevail at the FLHSMV review, does that end my criminal DUI case?

Not necessarily. The administrative driver's-license proceeding and the criminal DUI proceeding are separate processes.

If my criminal DUI case is dismissed, does my administrative suspension automatically disappear?

You should not assume so. The administrative and criminal proceedings are separate, and the effect of one proceeding on another depends on the applicable law and circumstances.

Do I have to personally attend every court date?

There is no universal answer. DUI is a criminal traffic matter requiring a court proceeding, but whether your personal appearance is required at a particular stage may depend on court orders, the proceeding involved, representation, and other circumstances. Confirm the requirements with the court and your attorney.

What if I have a Commercial Driver's License (CDL)?

Commercial driver's licenses involve additional rules and potentially different disqualification consequences. This general article should not be used to determine the options available to a CDL holder.

Should I choose formal review, informal review, or a restricted-license option?

That decision depends on your history, the facts, available evidence, and eligibility. Some options can involve waiving other rights, so the consequences should be evaluated before making a choice.

Conclusion

After a DUI arrest in Miami-Dade, do not focus only on your criminal-court date.

Review your Notice of Suspension and every document concerning your driver's license. Florida's criminal DUI proceeding and administrative driver's-license process are distinct, and certain administrative decisions have their own deadlines.

If you need to evaluate your situation, you may speak with a DUI attorney about your documents, deadlines, and the options that may apply to your circumstances. No attorney can guarantee an outcome, but an early review can help you understand which proceedings are pending and which decisions may require prompt attention.

Educational Notice: This article provides general information about Florida law and procedures that may apply in Miami-Dade County. It is not legal advice for a particular case and does not create an attorney-client relationship. Laws, procedures, and individual circumstances can change the analysis. Consult an attorney regarding your specific situation.