Find your 10-day deadline
After a DUI arrest in Florida, you have 10 days to ask the Department of Highway Safety and Motor Vehicles to review your license suspension, or to ask for a review of your eligibility for a restricted license. Enter the date of the arrest or the date on your notice of suspension to find your day 10.
This tool is general information, not legal advice, and using it does not create an attorney-client relationship. Your deadline can depend on facts it cannot see. Sources Fla. Stat. 322.2615 and Fla. Admin. Code ch. 15A-6.
The deadline counts 10 days after the date your notice of suspension was issued; the day of issuance is not counted, and if the 10th day falls on a weekend or legal holiday, the deadline moves to the next business day. Your citation shows the date. If you are not sure, call Adam now rather than guess.
What the 10-day rule is
Driving under the influence of alcohol or drugs is a serious crime that can lead to the suspension or revocation of your driver license. When someone is arrested for DUI in Florida, they face the decision of whether to submit to a breath test or refuse.
If you took the test and the result was .08 or above, the officer suspends your license on behalf of the Department of Highway Safety and Motor Vehicles (DHSMV) for 6 months on a first suspension. If you refused, the suspension is 1 year for a first refusal and 18 months if your license was suspended for a refusal before.
Police usually do not explain that you, or your DUI attorney, can contest this administrative suspension at the DHSMV by filing on time. This is where the 10-day rule comes in. Anyone arrested for DUI has 10 days from the date of the notice of suspension, which for most people is the date of the arrest, to request a review of the suspension. Your notice of suspension works as a temporary driving permit for those 10 days if you are otherwise eligible to drive.
Your two choices within the 10 days
1. Request a formal review hearing. At a formal review, a hearing officer decides whether the suspension was lawful. You or your lawyer can review the evidence, and subpoena the arresting officer and the breath test operator. The DHSMV must hold the hearing within 30 days of receiving the request. While a formal review is pending, an eligible driver can get a business-purposes driving permit. Requesting a review does not by itself stop the suspension.
2. Waive the review and get a hardship license right away (first DUI suspension only). Since July 1, 2013, Florida law has given drivers another option. If you have never had a license suspended for a DUI breath, blood or urine result or a refusal, and have never been convicted of DUI, you can waive the review and apply for a restricted business-purposes-only license for the full period of the suspension (section 322.271(7), Florida Statutes). You must enroll in DUI school, and if you do not finish the course within 90 days the restricted license is cancelled. By choosing the waiver, you give up the right to a formal or informal review hearing to contest the suspension.
Which choice is right depends on your record, the facts of the stop, and how much you need to drive. That decision should be made with a lawyer, inside the 10 days.
What happens if you miss the deadline
If no review is requested in time, the suspension becomes final and the temporary permit expires. If you are not eligible for the waiver, or a suspension is upheld after a hearing, you face a “hard time” period with no driving at all before you can apply for a business-purposes license: 30 days for a suspension based on a breath or blood result of .08 or more, and 90 days for a refusal. That means a person suspended for refusal cannot drive legally for 90 days (3 months). After the hard time, the DHSMV may issue a business-purposes license if certain requirements are met.
How to file in Broward County
- Where: the DHSMV Bureau of Administrative Reviews office for Broward County, 3718-3 W. Oakland Park Blvd., Lauderdale Lakes, FL 33311, 954-677-5800, open Monday to Friday, 8:00 a.m. to 5:00 p.m.
- How: the DHSMV says a formal hearing request or a hardship application can be sent by email without visiting the office, on the correct form with a copy of your citation.
- Cost: the filing fee for a formal or informal review is $25.
- By phone: the request form lets you ask for the formal review to be held by telephone.
Adam files the request for his clients and handles the hearing.
The license suspension and the criminal case are separate
The administrative suspension runs on its own track, apart from the DUI charge in court. If you are later found not guilty of DUI at trial, the DHSMV must invalidate a suspension based on a breath or blood result. A suspension for refusal is not affected by the outcome of the criminal case. And a DUI conviction brings its own court-ordered revocation, at least 180 days for a first conviction. See Florida DUI penalties.
Act quickly
A Florida DUI can bring a license suspension, jail and many other consequences, so call a criminal defense and DUI attorney right away. Any delay can hurt you, including a weaker bargaining position in the criminal case, and you do not want to risk losing your driving privilege.
For more information, call Fort Lauderdale DUI defense attorney Adam D. Harmelin at (954) 294-9372, day or night.
Frequently asked questions
Does the 10-day clock start at the arrest or the notice?
The statute counts 10 days after the date the notice of suspension was issued. For most people that is the same day as the arrest. The day the notice was issued is not counted, and a deadline that falls on a weekend or holiday rolls to the next business day.
I refused the breath test. Do I still have 10 days?
Yes. A refusal suspension can also be reviewed if you request a hearing within 10 days. A first refusal means a 1-year suspension, and since October 1, 2025, refusing a breath or urine test after a lawful DUI arrest is also a separate crime. See breath test refusal.
Can I drive to work while my case is pending?
Often, yes. A first-time driver who uses the waiver can get a business-purposes license right away. A driver who requests a formal review may be able to get a business-purposes permit while the review is pending. Business purposes means driving needed to keep your livelihood, such as work, school, church and medical appointments.
What does it cost to get my license back?
On top of the $25 review fee, reinstatement after a DUI-related suspension or revocation carries DHSMV fees, including an additional $130 for a DUI or refusal suspension. DUI school has its own cost.
I missed the 10 days. Is it too late to do anything?
The review window has closed, but you may still be able to apply for a hardship license after the hard time, and the criminal case is a separate fight. Call Adam to talk about where you stand.