Act Swiftly to Reinstate Your License After a DUI Arrest

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If you were arrested for a DUI in Florida, you likely will be asking, “How do I get my driver’s license back?”

Having the ability to drive in Florida is essential and you have to act quickly because you have only 10 calendar days to reinstate your license after a DUI arrest. If you were arrested for DUI in Florida and you either blew .08 or above, or your refused the breath test, your license has been suspended. You then have 10 days to either reinstate your license as a hardship license or challenge the validity of the suspension. After a DUI Arrest, an entry is entered on your Florida Driving History for Driving With an Unlawful Blood Alcohol Level or Refusal to Submit to Breath Test.

Driver’s License Suspensions After a DUI Arrest:

  • 6 months if you blew above a .08
  • 12 months if you blew above .08 and previously blew above .08
  • 12 months if you refused to take the breath
    test
  • 18 months for a second or subsequent suspension for refusal to take a
    breath test

1. Waive the Formal Review Hearing

If you complete the steps below correctly within 10 days of your arrest, you will have the ability to immediately begin driving again under a Business Purposes Only License

You must notify the DMV that you would like to waive a formal hearing and request to receive a Business Purposes Only License. You will need to do the following steps in order to properly
make the request:

A) Confirm You Do Not Have a Prior DUI Conviction or Prior DUI Administrative Suspensions

Florida Statute § 322.271(7) provides for an immediate reinstatement process and states that ”a person who has never previously had a driver license suspended under s. 322.2615 [an administrative suspension], has never been disqualified under section s. 322.64 [related to operating a commercial vehicle while under the influence], has never been convicted of a violation of s. 316.193 [DUI], and whose driving privilege is now suspended under section s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under section (2).”

B) Enroll in DUI school and Print a Copy for the DMV

Select the “DUI Level 1-First Offender” course, which costs $275 (as of 2019), and is mandatory in all DUI cases. The added benefit of signing up for this course early in your case is that it will look good to the assistant state attorney assigned to your case. He or she will see that you enrolled into the class very early. Additionally, you will not have the threat of going without any driving privileges while you decide your options regarding the DUI charges.

C) Bring the DUI citation with you to the DMV location.

D) Print and Fill Out the Request For Eligibility Review Form and Bring It With You to the DMV.

E) Fees Required.

You Must Pay the Following Fees:

  • $25 for the eligibility fee;
  • $175 for an administrative reinstatement fee; and
  • $25 for issuance of the Business Purposes Only License.

If you lose your formal review hearing, you will face a mandatory hard-time suspension.

You can choose to fight the suspension with a formal review hearing. A Formal Review Hearing will be set within 30 days, where you or your attorney can subpoena and question witnesses associated with your case. If you lose your formal review hearing then you face a mandatory driver’s license suspension with no possibility of a business purposes only license, which means you will face a period of no driving whatsoever. If you are eligible for the formal review hearing, you will receive 42-day temporary driving permit for business purposes only until your hearing is completed.

You have only 10 days do to select one of the above. If you fail to do so within 10 days, you will face a mandatory hard suspension of at least 30 days and possible much longer.