How do I keep my license within 10 days of a Florida DUI arrest?

The license side of a DUI is separate from the criminal case, and it moves first. It is run by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) through its Bureau of Administrative Reviews, not by the criminal court. This page explains the deadline, the three choices, the forms and fees, and what happens if nothing is filed. For the full sequence after an arrest, see what happens after a DUI arrest in Florida, and for Mr. Mead's overall approach, the main DUI defense page.

How does the 10-day process work, step by step?

1. The notice. At the arrest, or later by mail after a blood result, the driver receives a notice of suspension. If eligible to drive, the driver also gets a 10-day temporary permit.
2. The count starts. Day 1 is the day after the date printed on the notice. The 10 days are calendar days, weekends included.
3. The choice. Within those 10 days the driver files one of three requests with FLHSMV's Bureau of Administrative Reviews: a formal review, an informal review, or, for a qualifying first suspension, a request for eligibility review for an immediate restricted license.
4. The filing. The form goes in with the $25 filing fee, payable to the Division of Motorist Services, and the papers the form lists. FLHSMV's location pages say the forms can be submitted by email to the bureau office.
5. The result. A formal review is scheduled within 30 days of the request; an informal review is decided on paper; an eligibility review ends with a business-purposes-only license if the driver qualifies and enrolls in DUI school.
6. If nothing is filed. The permit expires at midnight on day 10 and the full suspension runs, with only the later hardship route left.

When does the 10-day period start and end?

The officer who suspends the license takes it and issues a notice of suspension and, if the person is otherwise eligible, a 10-day temporary permit (s. 322.2615(1)(a), Florida Statutes). The suspension itself starts on the date of the notice. The driver may ask for a review "within 10 days after the date of issuance of the notice of suspension," and the temporary permit "expires at midnight of the 10th day following the date of issuance of the notice of suspension" (s. 322.2615(1)(b)3. and 4.). FLHSMV's own review request form, HSMV 78065, says the request is due within 10 days of the date of arrest or the date the notice was issued, whichever is later. If the car was towed at the arrest, our page on what happens to your car after a Florida DUI explains how to get it back. Drivers under 21 stopped with a lower alcohol level have a parallel deadline under a separate statute, explained in what happens when a driver under 21 is stopped after drinking.

Asking for a review does not pause the suspension (s. 322.2615(9)). That is why the 10 days matter so much: after the permit expires, driving without a valid license or permit can lead to a separate charge for knowingly driving while suspended (s. 322.34(2)).

What are the choices within the 10 days?

What does the hearing officer decide at a formal or informal review?

The review is narrow. It does not decide guilt in the criminal case. Under section 322.2615(7), the hearing officer decides, by a preponderance of the evidence, whether the officer had probable cause to believe the person was driving or in actual physical control while under the influence, and either whether the breath or blood alcohol level was 0.08 or higher, or, in a refusal case, whether the person refused after being asked and was told the suspension would follow. The hearing officer may hold hearings using communications technology, and form 78065 offers a telephonic formal review. Drivers visiting from another state face the same deadline, as explained in what happens to a home-state license after a Florida DUI.

A few other rules are worth knowing. If the hearing is continued at FLHSMV's own initiative, the driver can receive a temporary permit for business or employment use until the hearing (s. 322.2615(9)). And if a driver is found not guilty at trial of the DUI, FLHSMV must invalidate a suspension for an unlawful alcohol level (s. 322.2615(16)). The hearing officer's decision may not be considered in the criminal DUI trial (s. 322.2615(14)(a)). What to expect at the hearing itself is explained on our page about the DUI formal review hearing.

Who can get a restricted license right away?

Section 322.271(7) lets a driver apply for a restricted license immediately if the driver has never had a license suspended under section 322.2615, has never been disqualified under section 322.64, and has never been convicted of DUI. Out-of-state DUI convictions count as prior convictions. Form 72034 states that the restricted license lasts for the suspension period: six months for an unlawful breath or blood alcohol level, or one year for a refusal. It also asks the driver to confirm two warnings: the license is limited to business purposes only, and it will no longer be valid if the driver is later convicted of DUI in criminal court. If DUI school is not completed within 90 days of enrollment, the form says the restricted license will be cancelled.

"Business purposes only" has a set meaning in Florida law: driving needed to maintain a livelihood, including to and from work, necessary on-the-job driving, and driving for education, church and medical purposes (s. 322.271(1)(c)1.).

What if the suspension is upheld?

A driver can still apply for a business or employment license, but only after a waiting period. Under section 322.2615(10), the wait is 30 days after the last temporary permit expired for an unlawful alcohol level, and 90 days for a refusal. FLHSMV's summary of the law adds that the driver must show proof of enrollment in DUI school, and that there is no hardship reinstatement after two or more refusals. A decision sustaining the suspension can be challenged by a petition for writ of certiorari in circuit court, but that appeal does not stop the suspension (s. 322.2615(13)). Who qualifies for a business or employment license, and how to apply, is on our page about a hardship license after a Florida DUI.

A refusal also has criminal consequences of its own since October 1, 2025. We cover them on our page about refusing the breath test in Florida.

Where do Palm Beach and Broward drivers send the paperwork?

FLHSMV's Palm Beach County locations page lists its Bureau of Administrative Reviews office for Palm Beach County at 3718-3 W. Oakland Park Blvd., Lauderdale Lakes, FL 33311, phone 954-677-5800, open Monday to Friday, 8:00 a.m. to 5:00 p.m., email [email protected]. The page says a formal hearing request or a hardship application can be handled without visiting the office, by completing the form and submitting it by email. Form 78065 directs the request to the office indicated on the citation or notice and requires a copy of the citation; form 72034 asks drivers to mail it to the office nearest their residence and lists the Lauderdale Lakes office among them.

What changes the answer?

• Test result or refusal. An unlawful alcohol level means a 6-month suspension for a first offense; a refusal means 1 year, or 18 months after an earlier refusal suspension (s. 322.2615(1)(b)1.).
• Any earlier suspension or DUI. The immediate restricted license is only for a driver who has never had a suspension under section 322.2615, never been disqualified under section 322.64, and never been convicted of DUI; an out-of-state DUI conviction counts (s. 322.271(7), (7)(a)).
• Blood instead of breath. When the result is not known at the scene, FLHSMV issues the notice later, and the 10 days run from that notice (s. 322.2615(3)).
• Age. A driver under 21 suspended at 0.02 or higher under section 322.2616 cannot also be suspended under section 322.2615 for the same episode (s. 322.2615(15)).
• Whether you can drive at all. The temporary permit is issued only if the person is otherwise eligible to drive (s. 322.2615(1)(a)). A license already suspended for another reason, such as unpaid support, has to be dealt with separately; that process is on our page about license suspensions for child support.

A worked example

For example, suppose a hypothetical driver with no prior record is arrested in Delray Beach on a Friday, blows 0.12, and receives a notice of suspension dated that Friday. The 10th day is the Monday ten days later, and the temporary permit expires at midnight that night. If the driver needs to drive to work every day and does not want to contest the suspension, the eligibility review on form 72034 can bring a business-purposes-only license for the 6-month suspension, as long as the driver enrolls in DUI school and finishes it within 90 days of enrolling. If the driver instead wants to question the officer and see the paperwork, a formal review on form 78065 keeps that option open, but the suspension continues during the review, and if it is upheld a hardship license comes only 30 days after the permit expired. Accepting the restricted license waives the formal and informal review (s. 322.271(7)(c)), so the decision is made before day 10. This example is hypothetical and is not a prediction of any case.

Common mistakes people make

• Waiting for a court date to deal with the license; the first court date is often weeks away, long after day 10.
• Counting business days, or counting from the day the paperwork was read instead of the date printed on the notice.
• Mailing a form without the $25 fee or the citation copy, which leaves the application incomplete.
• Taking the immediate restricted license and then not finishing DUI school within 90 days of enrolling, which cancels the license.
• Driving for personal errands on a business-purposes-only license.
• Assuming the restricted license survives a DUI conviction; form 72034 warns that it will no longer be valid.

What to do this week

1. Find the notice of suspension, read the date on it, and mark day 10 on a calendar.
2. Check whether you have ever had a license suspended under section 322.2615 or a DUI conviction in any state.
3. Write down where you need to drive and why: work, school, medical visits.
4. Speak with a lawyer about formal review versus the restricted license before you file anything.
5. If you choose the restricted license, enroll in a licensed DUI program; the locations are on our page about DUI school in Palm Beach and Broward County.
6. Send the form, the fee and the attachments, and keep proof of when they were sent.

The rest of the first week, including bond paperwork and the first court date, is covered in what to do in the first week after a Florida DUI arrest.

Frequently asked questions

Does the 10-day deadline include weekends?

Yes. The statute counts 10 days after the date the notice was issued, and the permit expires at midnight on the 10th day following that date (s. 322.2615(1)(b)4.). It does not say business days.

Can I request a formal review and still drive to work?

Not on the request alone, because a request does not stay the suspension (s. 322.2615(9)). If the hearing is continued at FLHSMV's own initiative, the department issues a business or employment permit until the hearing, unless the driver asked for the continuance.

What happens if I miss the 10 days?

The suspension runs its full length. A business or employment license may still be possible after the waiting period in section 322.2615(10), which is explained on our hardship license page.

Is the license hearing the same as my criminal case?

No. The hearing officer decides only the suspension, by a preponderance of the evidence, and the decision may not be considered at the DUI trial (s. 322.2615(7), (14)(a)). The criminal case goes through county court; where it is heard locally is on our page about the South County Courthouse in Delray Beach and the county pages.

I live in Broward. Is the office different?

No. FLHSMV's Broward County locations page lists the same Bureau of Administrative Reviews office in Lauderdale Lakes that its Palm Beach page lists. Other Broward courts and offices are collected on our Broward County DUI and criminal defense page.

Do I need to send anything with the formal review request?

Form 78065 asks for the $25 fee and a copy of the citation. The driver may also submit any materials relevant to the suspension (s. 322.2615(1)(b)5.).

Which choice is right for me?

It depends on the facts: whether this is a first suspension, whether there was a refusal, whether you need to drive for work right away, and what the police reports and test records show. A formal review can also be the first chance to see the officer's paperwork and question the officers named in it. Mr. Mead can go over the notice, the deadline and the options with you before the 10 days run out. Call (561) 362-6677, 24 hours a day. For the penalties a conviction itself can bring, see Florida DUI penalties.

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