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Understanding DMV Hearings After a DUI Arrest in Florida
When someone is arrested for DUI in Florida, there are two separate tracks of consequences: one through the criminal court system and another through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Many drivers don’t realize that, even before stepping foot in court, their driver’s license may already be in jeopardy due to administrative actions by the DMV.
A DMV hearing in Florida is part of the administrative process that reviews whether your driving privileges should be suspended following a DUI arrest. It’s not part of the criminal court case. These hearings focus solely on your driver’s license and are handled by the Bureau of Administrative Reviews (BAR), which operates separately from the courts.
This post breaks down how the DMV hearing works after a DUI arrest in Florida, what triggers the hearing, what happens during it, and how it can affect your ability to drive—even before any court judgment is made.
What Triggers a DMV Hearing in a Florida DUI Case
A DMV hearing is triggered automatically in Florida when someone is arrested for DUI and either:
- Registers a blood alcohol content (BAC) of 0.08% or higher, or
- Refuses to take a chemical test (such as breath, blood, or urine)
These situations result in an administrative license suspension, separate from any penalties imposed by the criminal court. This suspension begins automatically unless the driver requests a hearing within 10 calendar days of the arrest.
When the arresting officer submits the necessary documents to the DMV, the driver is issued a notice of suspension along with a 10-day temporary driving permit. This temporary permit allows the person to continue driving while deciding whether to contest the suspension through a formal or informal review.
The DMV hearing is the only opportunity to challenge this immediate suspension. If no hearing is requested within the 10-day window, the suspension goes into effect without further review.
Requesting a DMV Hearing in Florida
To initiate the DMV hearing process, the driver—or their attorney—must request it within 10 days of receiving the suspension notice. This request must be submitted to the Bureau of Administrative Reviews (BAR) in the area where the arrest occurred.
There are typically two types of reviews available:
- Formal Review Hearing:
- Involves an in-person or telephonic hearing
- Allows the driver (or their attorney) to present evidence and question witnesses
- The hearing officer reviews all documentation and testimony before making a decision
- Informal Review:
- A simpler, non-hearing option
- The hearing officer reviews the documents submitted by the officer and the driver
- No in-person appearance required
If a hearing is requested, the driver may be issued an extended temporary permit that allows driving privileges for up to 42 days while the hearing process plays out.
Choosing between a formal and informal review depends on the circumstances of the arrest, the strength of the evidence, and whether procedural errors may have occurred.
What Happens During a Formal Review Hearing
A formal review hearing is conducted by a DMV hearing officer and focuses solely on whether the license suspension should be upheld or reversed. It is not a criminal trial and does not decide guilt or innocence for the DUI charge.
During the hearing, the following issues are typically reviewed:
- Whether the officer had reasonable cause to believe the driver was under the influence
- Whether the driver was lawfully arrested
- Whether the driver’s BAC was 0.08% or higher, or if they refused testing
- Whether the chemical test was properly administered
The driver or their legal representative can present evidence, call witnesses, and cross-examine the arresting officer if they attend. Evidence may include inconsistencies in the police report, procedural errors, or issues with the breathalyzer equipment.
The hearing officer makes a decision based on the evidence presented. This ruling determines whether the suspension is upheld, modified, or dismissed. The outcome of this hearing does not impact the criminal court case.
Possible Outcomes of the DMV Hearing
There are two main outcomes from a Florida DMV hearing:
- Suspension Upheld:
If the hearing officer finds the evidence supports the suspension, the driver’s license will be suspended for the full period:- 6 months for a first DUI with a BAC of 0.08% or higher
- 12 months for a first refusal to submit to testing
- Longer suspensions for repeat offenses or refusals
- Suspension Invalidated (Dismissed):
If the hearing officer finds errors in procedure or insufficient evidence, the suspension may be lifted. In this case, the driver’s full driving privileges are restored—at least from the DMV perspective.
Regardless of the outcome, the court process continues independently. A favorable DMV hearing result does not prevent criminal charges or court-ordered penalties.
Drivers who lose the hearing may be eligible for a hardship license, depending on the circumstances and whether this is a first or subsequent offense.
Hardship License Options After a Suspension
If a license is suspended following a DUI arrest in Florida, the driver may apply for a hardship license. This limited license allows driving for specific purposes, such as:
- Work
- School
- Medical appointments
- Church
- Necessary family obligations
Eligibility for a hardship license depends on several factors:
- First Offense: Most drivers are eligible, but they must complete or enroll in DUI school before applying.
- Refusal to Test: Drivers who refused a chemical test may not be eligible, especially on second or subsequent refusals.
- Prior DUI Offenses: Multiple offenses may limit or delay eligibility.
Applications are submitted through the FLHSMV, and an administrative review determines whether to grant the request. Restrictions will be listed on the license, and any violations can lead to full revocation.
How the DMV Process Differs from the Court Process
The DMV hearing process in Florida is completely separate from the criminal court case. Here’s how they differ:
| DMV Hearing (Administrative) | DUI Case (Criminal Court) |
|---|---|
| Handles license suspension | Handles criminal charges |
| Conducted by a hearing officer | Conducted by a judge |
| Must be requested within 10 days | Follows set court schedule |
| Based on arrest and BAC/refusal | Involves full legal defense |
| Decision affects driving privileges only | Decision can result in fines, jail, or probation |
Winning a DMV hearing does not automatically end the court case, and losing the hearing does not mean a conviction is guaranteed. Both systems run independently and may result in different outcomes.
FAQ Section – DMV Hearings After DUI in Florida
Do I have to request a DMV hearing after a DUI arrest?
No, but if you don’t, your license will be automatically suspended after 10 days. The hearing is your only chance to contest the suspension.
Can I still drive while waiting for my DMV hearing?
Yes. If you request a hearing within 10 days, you may receive a temporary permit that allows you to drive during the review period.
Is the DMV hearing the same as my court date?
No. DMV hearings are administrative and handled by the FLHSMV, not the criminal court system.
What if I win the DMV hearing?
Your license suspension is lifted, but your DUI case still proceeds in court.
What happens if I lose the DMV hearing?
Your license is suspended, but you may be able to apply for a hardship license if you meet the eligibility requirements.
Can I have an attorney represent me at the DMV hearing?
Yes. Many people choose to have legal representation, especially for formal review hearings.
Does the outcome of the DMV hearing affect my DUI charges?
Not directly. The DMV hearing only addresses your driving privileges, not guilt or innocence in the DUI case.
Conclusion
DMV hearings in Florida are a critical but separate part of the DUI process. They focus entirely on whether your driver’s license should be suspended following an arrest for DUI. If you’ve been arrested, requesting a hearing within 10 days gives you a chance to contest the suspension and possibly maintain your driving privileges. Understanding how the administrative process works helps you navigate both sides of a DUI case—the legal system and the DMV system.
To learn more about the full legal and administrative steps involved, visit the DUI Process and Timeline page. For a focused explanation of license actions and DMV hearings, explore DMV Hearings and License Actions After a DUI Arrest for additional details.