Sanchez Vaughn, Trial Lawyers

Criminal Defense · Practical Guide

Florida DUI 10-Day Rule: License Review and Next Steps

Originally published July 2, 2026 · Updated September 29, 2026

After a Florida DUI-related license suspension, you generally have 10 days after the suspension notice is issued to request an administrative review. Your criminal court date does not extend that deadline. Before choosing a hearing or a restricted-license option, check the notice, your driving history, and the expiration of any temporary permit.

Requesting a review does not automatically pause the suspension or extend your original driving permit.

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Three things to check first

The notice date

Use the actual suspension notice to identify the review deadline. Do not substitute a later criminal court date.

The review choice

Formal review, informal review, and an eligible restricted-license waiver involve different rights and requirements.

Driving permission

Check whether a permit was issued, when it expires, and what driving it allows. A hearing request alone is not permission to drive.

What the Florida DUI 10-day rule covers

Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) can impose an administrative suspension for an unlawful breath- or blood-alcohol level of 0.08 or higher, or for refusing a qualifying chemical test. For a roadside suspension under section 322.2615(1), the suspension begins when the notice is issued. An eligible driver may receive a temporary permit; that does not mean the suspension waits until day 11 to begin.

This license process is separate from the criminal DUI case. Review the paperwork promptly even if a court appearance is weeks away. This guide addresses administrative suspensions under section 322.2615; under-21 suspensions and commercial-driver disqualifications can involve different provisions.

How to count the deadline

The review period is tied to the issuance of the suspension notice. A later-issued notice, including one following blood-test results, needs its own date review.

For the review-filing deadline, Rule 15A-6.004 excludes the triggering day. It extends a deadline falling on a Saturday, Sunday, legal holiday, or applicable office-closure day to the next qualifying day. This is not a general 10-business-day period.

The temporary permit has its own expiration. Rule 15A-6.005(1)(b) expressly excludes that time-computation rule from the initial permit’s expiration. A filing extension does not automatically give you extra driving days. Have the notice and permit checked together, and act early.

Compare the review options

Formal review: challenge the suspension at a hearing

A hearing officer considers the suspension, with procedures for evidence and witness testimony. An attorney can assess the applicable issues and whether witnesses or records should be subpoenaed. The hearing does not decide guilt on the criminal charge. See section 322.2615(6)–(7).

Informal review: a review of the documents

The hearing officer considers the submitted materials without witness testimony. FLHSMV’s formal/informal review application explains the difference and provides the request form.

Eligible waiver: seek restricted driving privileges

Some drivers qualify to seek restricted reinstatement without the usual 30- or 90-day waiting period. Under section 322.271(7), eligibility requires no prior suspension under section 322.2615, no prior disqualification under section 322.64, and no prior DUI conviction; qualifying out-of-state convictions count. Enrollment in a licensed DUI program and other requirements also apply.

Accepting this restricted reinstatement waives both formal and informal review of the administrative suspension. It does not dismiss the criminal DUI charge. Review the tradeoff and the current eligibility-review application with counsel during the initial 10-day window.

Can I drive while a review is pending?

Only if you have a valid driving privilege or permit that authorizes the trip. The original 10-day permit does not remain valid simply because you requested a hearing. Section 322.2615(9) states that requesting review does not stay the suspension.

For formal review, Rule 15A-6.011(2)(d) provides for a business-purpose permit when the suspension has not been sustained and the driver is otherwise eligible. The rule also provides for cancellation if the suspension is sustained. Confirm the permit actually issued to you, including its restrictions and expiration, before driving.

Restricted driving is not unrestricted driving. Florida law distinguishes business-purpose driving from the narrower employment-purpose category. Prior suspensions, convictions, other license problems, and commercial-driver status can affect eligibility. See section 322.271.

What to do now

01 — Gather the paperwork

Keep the DUI citation, suspension notice, temporary permit, court paperwork, and any later FLHSMV correspondence together. Note the dates on each document.

02 — Review your driving history and options

Tell counsel about prior DUI cases, test-refusal suspensions, out-of-state licenses, and commercial driving. These details can change the available path.

03 — Confirm the correct request and filing method

FLHSMV’s posted Form 78065 lists a $25 fee for formal or informal review and calls for a copy of the citation. Rule 15A-6.006(3) allows a request to be postmarked or filed with the appropriate office within the prescribed period. Confirm the correct office, payment instructions, and accepted submission method; keep proof of submission. Other licensing or program fees may apply.

04 — Confirm permission before driving

Check the permit or license status, permitted driving purposes, and expiration date. Arrange another way to travel if your authority to drive is unclear.

Common questions after a DUI suspension

What if I already missed the deadline?

Contact counsel promptly to review the actual notice and dates. If review was not timely requested, the suspension can become final under Rule 15A-6.006(7). Restricted-license eligibility and any waiting period still require a separate assessment. Do not keep driving on an expired permit.

Should I wait for the criminal court date?

No. Address the license notice promptly and confirm who is handling the administrative matter. Representation in the criminal case does not by itself confirm that a license-review request has been filed.

Does a favorable criminal outcome automatically fix the suspension?

Do not assume so. The statute treats refusal suspensions separately from unlawful-alcohol-level suspensions. Section 322.2615(16) specifically addresses invalidation of an unlawful-alcohol-level suspension after a not-guilty verdict at trial; that is not a blanket rule for every dismissal or reduction. Have the disposition and license record reviewed.

Discuss both parts of the case with our attorneys

Nicole N. Sanchez and Tyler K. Vaughn handle criminal defense matters for clients across Tampa Bay. A DUI inquiry should address both the criminal case and the administrative license issue, including the available review options and driving restrictions.

Nicole N. Sanchez is a former lead felony prosecutor and is Board Certified in Criminal Trial Law by The Florida Bar. Tyler K. Vaughn also represents clients in criminal defense matters.

Nicole N. Sanchez’s background · Tyler K. Vaughn’s background

For the broader criminal case, visit our Tampa Bay DUI Defense page. You can also read our Florida motion-to-suppress guide for an introduction to challenges involving how evidence was obtained.

Start with the notice and the dates

Request a consultation with Sanchez Vaughn, Trial Lawyers about your DUI and license-suspension questions. Call for a time-sensitive deadline; submitting an online inquiry does not file a review request or extend a deadline.

Request a consultation · Call 813.582.5188 · Text 813.401.9918

401 E Jackson St, Suite 3300, Tampa, FL 33602

This guide provides general information. Your notice, driving record, and case facts determine the available options.