How to Protect Your Driver’s License After a DUI Arrest in Florida

Protect Your Driver’s License After a DUI Arrest in Tampa, Florida

A DUI arrest in Florida triggers two separate battles: one in criminal court and one against the automatic suspension of your driver’s license. Many people focus only on the criminal charges and miss critical opportunities to protect their driving privileges.

At The Brancato Law Firm, P.A., we fight to protect every part of your life — including your ability to drive. Here’s what you need to know to protect your driver’s license after a DUI arrest in Florida.

Administrative License Suspension: What Happens First

Immediately after a DUI arrest, the officer will likely seize your driver’s license and issue a “Notice of Suspension.”

This notice acts as a temporary driving permit for 10 days. During that time, you must decide how to challenge the suspension.

There are two paths:

• Request a Formal Review Hearing (best for fighting the suspension)

• Request a Hardship License (waiving the hearing in exchange for limited driving privileges)

Choosing the right path depends on the facts of your case and your personal priorities.

Deadlines You Cannot Miss

You have only 10 calendar days from the date of your arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you miss this deadline:

• Your license will be automatically suspended

• You may face harsher restrictions later

• You lose the chance to contest the suspension entirely

We act immediately to protect your rights from the moment you hire us.

What Happens at a Formal Review Hearing?

A formal review hearing is a legal proceeding conducted by a DHSMV hearing officer.

It is separate from your criminal case but can have a major impact on your ability to drive.

At the hearing, we can challenge:

• Whether the officer had lawful probable cause for the arrest

• Whether the breath or blood test was properly conducted

• Whether implied consent warnings were properly given

• Whether any rights were violated during the arrest process

Winning a formal review hearing can result in your full driving privileges being restored while your criminal case continues.

Hardship License: When You Can Get One

If you do not win the hearing — or if you choose to waive it — you may apply for a hardship license that allows you to drive for work, school, church, and necessary life activities.

Eligibility for a hardship license generally requires:

• Enrollment in DUI school

• Payment of reinstatement and application fees

• Proof of hardship need

At The Brancato Law Firm, P.A., we help clients apply for hardship licenses as part of a comprehensive defense plan.

How Long Is the Suspension After a DUI Arrest?

Suspension periods vary based on whether you took the breathalyzer and your prior record:

Winning the formal review hearing can prevent these suspensions entirely.

Important Tip: Winning the License Hearing Helps Your Criminal Case

When we fight your administrative suspension, we often uncover critical information that strengthens your criminal defense, such as:

• Officers admitting lack of probable cause

• Problems with breath test procedures

• Inconsistent or incomplete reports

These issues can later be used to attack the State’s evidence in your criminal case, improving your chances for dismissal, reduction, or acquittal.

Why Early Legal Help Matters

The license suspension process moves fast — much faster than the court process.

Many critical rights are lost if you do not act immediately. That’s why we always advise anyone arrested for DUI to consult an experienced attorney within days, not weeks, of their arrest.

At The Brancato Law Firm, P.A., we coordinate your administrative and criminal defenses simultaneously to protect every possible advantage.

Protect Your License and Your Future: Contact The Brancato Law Firm Today

If you have been arrested for DUI in Tampa or anywhere in Hillsborough County, do not wait to protect your driver’s license.

Call The Brancato Law Firm, P.A. at (813) 592-8981 or complete our online form today for a confidential consultation.

We are ready to fight for your rights — and your ability to move forward with your life.

Tampa DUI Lawyer