Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Administrative License Suspension

Under Florida Statute § 322.2615(1)(a), a police officer must suspend the driving privilege of a person who either is driving or in actual physical control of a motor vehicle and who has a blood alcohol concentration (BAC) of 0.08 or higher, or refused to submit to chemical test to determine his or her BAC. The statute further notes that the officer must take the person’s driver license, issue a 10-day temporary permit if the alleged offender is otherwise eligible for the driving privilege, and issue a notice of suspension.

The 10-day window is crucial because it signifies the very limited timeframe in which a person can request an administrative review hearing to challenge his or her suspension. It is also important to keep in mind that an administrative hearing is an entirely separate matter from the criminal case that stems from a driving under the influence (DUI) arrest, so it is entirely possible that a person could still have his or her license suspended even if he or she is not convicted of drunk driving.

Lawyer for Administrative License Suspension in Broward County, FL

Has your Florida driver's license been suspended or revoked because of a DUI arrest in South Florida? You will want to contact The Hoffman Firm as soon as possible.

Fort Lauderdale criminal defense attorney Evan A. Hoffman aggressively defends clients arrested for drunk driving in numerous communities all over the greater Broward County area, such as Cooper City, Coral Springs, Dania Beach, Fort Lauderdale, Hallandale Beach, and many others. You can have our lawyer provide a complete evaluation of your case when you call (954) 524-4474 to schedule a free, confidential consultation.


Overview of Administrative License Suspension in Fort Lauderdale


Back to top

Types of Florida Administrative License Suspension Hearings

The Florida Bureau of Administrative Reviews (BAR) is authorized under Florida Statute § 322.2615, Florida Statute § 322.2616, Florida Statute § 322.271, and Florida Statute § 322.64 to conduct hearings and reviews to determine eligibility to reinstate driver license suspensions and revocations. The BAR conducts hearings on a wide variety of issues, but many concern DUI arrests.

The three types of hearings that are most common following a drunk driving arrest include:

  • Formal Review — Drivers can challenge suspensions or revocations of their driving privileges and have legal counsel and witnesses present;
  • Informal Review — A hearing officer is the only person present for a review of all materials in the case file to challenge the suspension or revocation of a person's driving privilege; and
  • Hardship Hearings — Drivers can request business or employment-restricted licenses because of undue hardship resulting from the suspension or revocation of their driving privileges. 

Under Florida Statute § 322.2615(7), a hearing officer will determine by a preponderance of the evidence during a formal review hearing or an informal review hearing whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review is limited to the following issues when the license was suspended for driving with a BAC of 0.08 or higher: 

  • Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances; and 
  • Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher. 

When a license was suspended for refusal to submit to a breath, blood, or urine test, the scope of the review is limited to the following issues: 

  • Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances; and 
  • Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer.

Back to top

Administrative License Suspension Periods in Broward County

Florida Statute § 322.271 and Florida Statute § 322.28 establish the following revocation periods relating to DUI offenses: 

  • First offense without bodily injury — Minimum 180 days up to one-year revocation; 
  • First offense with bodily injury — Minimum three years revocation; 
  • Second offense within five years of prior DUI conviction — Minimum five years revocation with eligibility for hardship reinstatement after one year; 
  • Second offense five or more years after first conviction — Minimum 180 days up to one-year revocation if the offense did not involve bodily injury, minimum three years revocation if the case involves bodily injury; 
  • Third offense within ten years of the second conviction — Minimum ten years revocation with eligibility for a hardship reinstatement after two years; 
  • Third offense 10 or more years after the second conviction — Minimum 180 days up to one-year revocation if the offense did not involve bodily injury, minimum three years revocation if the case involves bodily harm; 
  • Fourth conviction — Mandatory permanent revocation with eligibility for hardship reinstatement after five years (revocation period begins upon date of release from incarceration if the alleged offender is incarcerated); 
  • DUI manslaughter — Mandatory permanent revocation with eligibility for hardship reinstatement after five years if there are no prior DUI related convictions; and 
  • Manslaughter, DUI serious bodily injury or vehicular homicide convictions — Minimum three years revocation. 

Under Florida Statute § 322.2616, license suspension periods are different for alleged offenders who are under 21 years of age. In such cases, periods of revocation are as follows: 

  • First suspension for DUI arrest involving BAC of 0.02 or higher — Six months; 
  • Second or subsequent suspension for DUI arrest involving BAC of 0.02 or higher — One year; 
  • First suspension for refusal to submit to breath testing — One year; and 
  • Second or Subsequent Suspensions for Refusal to Submit — 18 months. 

Another group of drivers who have different license suspension penalties is people with commercial driver's licenses (CDLs). A DUI arrest involving a BAC of 0.04 or higher or refusal to submit to testing will result in a one-year revocation of the driver's CDL, but a second or subsequent conviction or refusal results in permanent disqualification from operating commercial motor vehicles.


Back to top

Florida Administrative License Suspension Resources

Florida DUI and Administrative Suspension Laws | Florida Department of Highway Safety and Motor Vehicles — Visit this website to learn more about driver license revocation periods for DUI offenses. You can also find information about commercial motor vehicle (CMV) alcohol-related convictions and disqualifications. The website includes overviews of review hearings for administrative suspensions and disqualifications as well as business or employment reinstatement. 

Florida Statute § 322.2615 | Suspension of license; right to review — View the full text of the Florida state laws relating to driver's license suspensions for DUI arrests. The statute covers suspension periods as well as the obligations of the arresting officer and Department of Highway Safety and Motor Vehicles. You can also learn more about hearings and license reinstatement.


Back to top

Find an Administrative License Suspension Defense Attorney in Fort Lauderdale, FL

If your driver's license has been suspended or revoked because of a DUI arrest in Broward County, it is in your best interest to quickly retain legal counsel. The Hoffman Firm represents individuals in Hollywood, Lauderhill, Margate, Miramar, Pompano Beach, and many other surrounding areas of South Florida. 

Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who can fight to possibly get your driving privileges restored. You can have our attorney review your case and help you understand all of your legal options when you call (954) 524-4474 or fill out an online contact form to set up a free initial consultation. 


Back to top

Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

Read More

If you received any kind of traffic violation in the Broward County area call The Hoffman Firm today.

Find out more
Our Office in Fort Lauderdale

Visit Our Office

110 East Broward Blvd. #1700 Fort Lauderdale, FL 33301
convenient office locations in Broward and nearby areas