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Florida DUI Administrative Suspension Law

Florida's 10-day Rule

The Department of Highway Safety and Motor Vehicles (DHSMV) in Florida will suspend your driving privileges 10 days after your arrest for Driving Under the Influence (DUI) if you refuse to submit to a breath/blood test, or if you submitted to a test and your Blood Alcohol Content (BAC) was is .08 or higher.

Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

  • First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months
  • Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year
  • First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year
  • Second or Subsequent Suspensions for Refusal: 18 months

The suspension is effective immediately.

The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.

If a law enforcement officer has probable cause to believe that a vehicle is being driven by a person under 21 who has consumed alcohol, the officer is authorized under Florida Statute Section 322.2616 to detain the individual and request that he or she submit to a breath test. In practice, DSHMV does not consider it a moving violation, a traffic infraction nor a criminal offense, nor is the person technically under arrest. The suspensions can include:

  • First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months
  • Second or Subsequent Suspensions: 1 year
  • First Suspension for Refusal to Submit to Breath Test: 1 year
  • Second or Subsequent Suspensions for Refusal: 18 months

The suspension is effective immediately.

If the breath or blood alcohol level is .05 or higher, the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit, effective 12 hours after issuance, which is valid for 10 days, provided the driver is otherwise eligible.

These suspensions stay in effect until the completion of a substance abuse evaluation and follow-up treatment. The same 10-day rule applies to these suspensions as for all other DHSMV suspensions.

If you are facing DUI charges in Florida, call Arnold Law Firm and learn about how our DUI defense can help you. Our attorneys are experts in Florida DUI laws and have helped clients from Jacksonville, Orlando, Tampa and other Florida cities effectively and satisfactorily deal with their DUI charges. Contact us today!

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