⚠️
You have 10 DAYS to request a DHSMV hearing or your license will be automatically suspended.
Updated March 3, 2026
Just Got a DUI in Florida? Here's What to Do Right Now
QUICK ANSWER
If you just got arrested for DUI in Florida, you need to act fast. Request a formal review hearing with DHSMV within 10 days to challenge your license suspension. This is separate from your court case and gives you the chance to keep driving while fighting the charges.
Keep reading for the full breakdownThe 10-Day Deadline (Critical)
- →10 days from arrest to request a formal review hearing with DHSMV
- →Miss it = automatic license suspension, no hearing
- →Request online at flhsmv.gov or through your lawyer
- →Filing fee $25
Step 1: Request Your DHSMV Hearing
- •Request formal review within 10 days of your arrest date
- •This challenges the administrative suspension of your license
- •The DHSMV hearing is completely separate from criminal court
- •Your lawyer can handle this filing for you
- •You'll receive a temporary driving permit while pending
Step 2: Understand Your Paperwork
DUI citation
The charges filed against you
Notice of suspension
Administrative license action
Court date & location
Your arraignment info
Temporary driving permit
Valid until hearing decision
Step 3: Document Everything
Write down everything you remember while it's fresh:
?Where were you stopped?
?What did the officer say?
?Did you do field sobriety tests?
?Did you take a breathalyzer?
?Were there any witnesses?
?What did you eat/drink and when?
Step 4: Consider a Lawyer
- •Florida DUI lawyers: $2,500–$7,500 typical
- •Can represent you: at both DHSMV hearing and court
- •May reduce charges: or get case dismissed
- •Handle plea negotiations: for best possible outcome
Florida First DUI Penalties
| Penalty | First Offense |
|---|---|
| Jail | Up to 6 months (rarely served) |
| Fines | $500–$1,000 |
| License suspension | 180 days – 1 year |
| DUI school | 12–50 hours |
| Probation | Up to 1 year |
| Community service | 50 hours |
| IID | May be required |
Your Timeline
| When | What Happens |
|---|---|
| Day 1–10 | Request DHSMV hearing (CRITICAL) |
| Day 30 | Can apply for hardship license |
| Week 3–4 | Arraignment (first court date) |
| Month 1–3 | DHSMV hearing |
| Month 2–6 | Case resolution |
Florida Hardship License
- ✓Available after: 30 days (first offense)
- ✓Requirement: Must complete DUI school first
- ✓Allows: Driving for work and essential purposes
- ✓Apply through: DHSMV office
What NOT to Do
✗Don't ignore the 10-day DHSMV deadline
✗Don't talk about your case on social media
✗Don't drive if your license is suspended
✗Don't miss any court dates
✗Don't assume it will just "go away"