Being arrested for a DUI is not only a criminal matter.  There is a criminal track and administrative DHSMV track to a DUI arrest. When it comes to the administrative  track, there is an important 10 day clock that began running after the arrest. 

Immediate DHSMV Administrative License Suspension 

If you had a blood alcohol level of .08 or above (or above .02 if you are under 21) or refused to submit to a urine or breath test upon arrest, Florida law requires that the arresting officer confiscate your driver's license and  suspended your driving privilege 
immediately on behalf ot he DHSMV.

Therefore, upon arrest, your license was suspended for 6, 12, or 18 months, depending on your driving history and circumstances of the arrest. For example, if you had a blood alcohol level of .08 or above (or above .02 if you are under 21) or refused to submit to a urine or breath test upon arrest, Florida law requires that the arresting officer confiscate your driver's license and suspend your driving privilege immediately.

You only have 10 days from the of your arrest to request a formal review hearing to challange the suspension.

If you request a formal review hearing within the 10 day window,  you will be able to request a 42 day temporary driving permit that will keep you driving during the review period.

The department must schedule a hearing before a hearing officer within 30 days after the request. During this hearing, a hearing officer has "to determine by a preponderance of the evidence whether sufficient causes exists to sustain, amend, or invalidate the suspension."

If the suspension is invalidated, you can continue driving while we fight your DUI case in criminal court. Note that the review hearing is not considered a trial or hearing on your criminal charge under statute 316.193. The administrative decision has no impact on that case. By the same token, the disposition of your criminal DUI matter does not affect a suspension/disqualification.

The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615c cannot be considered in any trial for a criminal DUI charge. Testimony or evidence from the administrative proceedings or any written statement submitted by a person in his or her request for administrative review is inadmissible into evidence or for any other purpose in any criminal proceeding, unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure.

If the suspension is sustained, you will have the option to request a hardship license, but will be subject to a waiting period. You will not be eligible for a hardship license for 30 days (where suspension is based on .08 or above alcohol level) or 90 days (where suspension is based on a breathalizer or urine test refusal) from the date in which your temporary driving permit expired.

If it is your first DUI arrest, and you do not want to risk having to go without a license for a 30 or 90 day period you can bypass the formal review hearing process and request a business purposes license. To do this, there are five steps you need to take.

• First, you must enroll in DUI School and obtain proof of enrollment. If you are in Polk County, DUI is scheduled through Tri-County Human Services, 863-701-1919.

• Second, you need a copy of your DUI citation. If you dont have a copy, you can get one from the police, sheriff, or highway patrol department that arrested you.

• Third, you will need to fill out a Review Hearing Waiver form. You can access a copy of the form here: Review Hearing Waiver Form.

• Fourth, you will need $25.

• Fifth, when you have completed steps 1-4, go to your assigned Bureau of Administrative Review office (BAR) with the money and documents and apply for approval hardshipo license approval. Yes, you do not go to your local DHSMV service center/office where you get your license renewed. This is a different location. To find your assigned BAR office, first go to the department's locations web page (https://www.flhsmv.gov/locations/), then click on your county, then scroll down to the section titled, Bureau of Administrative Review Office. There you will find their contact information.

For example, the BAR office assigned to polk County is in Tampa: 2814 E. Hillsborough Ave. Tampa, FL 33610. 

Their phone number is 813-276-57. Their hours of operation are

Monday through Friday, 8:00am-5:00pm.

Once you've been approved for a hardship license by the Bureau of Administrative Review, then you're ready for the sixth and final step. Go to your nearest Tax Collector's office and get your hardship license.

I hope this information has been helpful to you. If you are in Polk or Hardee County (including Lakeland, Winter Haven, Wauchula and surrounding areas) and need assistance with a DUI case, dont hesitate to give the Tonmiel Rodriguez Law Office a call at 863-774-4556.