The DUI 10-Day Rule in Florida: What It Is and What to Do

The short answer

After a DUI arrest, the officer gives you a ticket or notice of suspension. That paper is your 10-day temporary permit if you are otherwise eligible to drive. The permit ends at midnight on the 10th day after the notice was issued. In that window, you choose how to handle your license. If you miss the window, you lose the review hearing for this suspension.

Source: § 322.2615(1)(a), (1)(b)3.-4., Fla. Stat. (2026); Fla. Admin. Code R. 15A-6.006(7).

Source: § 322.2615(1)(b)3.-4., Fla. Stat. (2026); HSMV 78065 (Rev. 02/2018); Fla. Admin. Code R. 15A-6.004, 15A-6.006(3)-(4).

Can I drive in the meantime?

In most cases, yes, for a short time. The ticket or notice works as your permit while it lasts. After it ends, you can't drive unless you have another valid license or permit.

If you are under 21, the permit does not start until 12 hours after it is issued.

Source: § 322.2615(1)(a), (1)(b)4.; § 322.2616(2)(b)4., Fla. Stat. (2026).

Why is my license suspended if I haven't been convicted?

Because there are two separate tracks.

• The license track (DHSMV). An automatic suspension starts on the date the notice is issued.
• The court track. The DUI charge itself.

They run separately. Winning one does not automatically win the other. A hearing officer's decision at DHSMV can't be used at your DUI trial. If you are found not guilty at trial of the underlying DUI, DHSMV must throw out a suspension that was based on an unlawful alcohol level. A refusal suspension is not affected by the criminal outcome.

Source: § 322.2615(1)(b)2., (14)(a)-(b), (16); § 316.193(10), Fla. Stat. (2026).

What are my three choices?

You have 10 days to pick. Here they are in plain words.

You ask for review on Form HSMV 78065, Application for Formal/Informal Review of Driver License Suspension/Disqualification (Rev. 02/2018). Per the form, it goes with a $25.00 filing fee and a copy of your citation to the Bureau of Administrative Reviews office listed on your notice. flhsmv.gov/pdf/forms/78065.pdf

Source: § 322.2615(1)(b)3., (4), (6)(b), (11); § 322.271(7), Fla. Stat. (2026); HSMV 78065 (Rev. 02/2018).

Want the full details on how a formal hearing works? Read our deep dive: License suspension hearings.

How are the 10 days counted?

• Day 1 is the day after the notice was issued.
• If the notice was mailed to you by DHSMV, the mailing date counts as the date it was issued.
• If day 10 falls on a weekend, a legal holiday, or a day the DHSMV office is closed, the deadline to ask for review moves to the next business day. Your temporary permit still ends at midnight on day 10.
• A request postmarked by the deadline counts.
• A request delivered in person counts only when the office receives it during business hours. Anything the office receives after 6:00 p.m. counts as filed the next business day.
• The Miami office takes requests by email. Send yours early, well before day 10.

Source: § 322.2615(1)(b)3.-4., Fla. Stat. (2026); Fla. Admin. Code R. 15A-6.003(1), (3), 15A-6.004, 15A-6.006(3)-(4); DHSMV Miami-Dade locations page.

If I ask for a hearing, can I keep driving until it happens?

Usually not past the 10-day permit. Asking for a hearing does not pause the suspension. The statute says: "A request for a formal review hearing or an informal review hearing shall not stay the suspension of the person's driver license."

There are three exceptions:

1. DHSMV fails to schedule the formal hearing within 30 days of getting your request. The suspension is thrown out.
2. DHSMV postpones the hearing itself. You get a business or employment only permit until the hearing, if you are otherwise eligible.
3. You go to court to enforce a subpoena. You get the same business or employment only permit.

You do not get that permit if you asked for and got the postponement.

Source: § 322.2615(9), Fla. Stat. (2026); see also § 322.2615(6)(a).

What does the hearing officer actually decide?

The questions are narrow. The standard is "more likely than not" (preponderance of the evidence).

If your breath or blood result was .08 or higher:

1. Did the officer have probable cause to believe you were driving or in actual physical control while impaired?
2. Was your breath or blood alcohol level .08 or higher?

If you refused:

1. Did the officer have probable cause?
2. Did you refuse after being asked?
3. Were you told the license consequences (1 year, or 18 months for a second refusal)?

Source: § 322.2615(7)(a)-(b), Fla. Stat. (2026).

What if the officer doesn't show up?

Two parts of the statute speak to what happens when a subpoenaed officer or witness does not appear at a formal hearing, and how they fit together depends on the facts. If you are thinking about subpoenas, ask a lawyer before the hearing.

Source: § 322.2615(6)(c), (11), Fla. Stat. (2026).

Will what I write be used against me?

Generally no. A written statement you submit with your DHSMV review request can't be admitted against you at your DUI trial.

One exception. The statute carves out material that is "timely disclosed in criminal discovery pursuant to Rule 3.220." Because of this, get advice before you write anything.

Source: § 322.2615(14)(a); § 316.193(10), Fla. Stat. (2026).

How long would the suspension be?

These are the administrative suspension periods. A DUI conviction brings a separate court-ordered revocation.

Source: § 322.2615(1)(b)1., (8)(a)-(b); § 322.2616(2)(b)1., Fla. Stat. (2026). These are statutory periods, not predictions for any person.

If I lose the hearing, can I appeal?

Yes. You file a petition for writ of certiorari in the circuit court. The court reviews the record. It does not hold a new hearing. Filing the appeal does not pause the suspension.

The deadline is 30 days from the date the DHSMV order is rendered, which means the date the signed, written order is filed with the agency's clerk. Do not count from the day you received it. If you lose, talk to a lawyer right away.

Source: § 322.2615(12)-(13); § 322.31, Fla. Stat. (2026); Fla. R. App. P. 9.020(h), 9.100(c)(1), 9.190(b)(3) (Florida Bar ed., Oct. 1, 2026).

What if it has been more than 10 days?

If no review was requested in time, the suspension becomes final as of the date your notice was issued. We found no rule that allows a late review request.

You may still have options:

• A hardship license after the waiting period. 30 days without a license for an alcohol-level suspension, 90 days for a refusal, counted from the end of your last temporary permit. DUI school enrollment is required.
• The court case goes on separately. A missed license deadline does not decide the DUI charge.
• A not-guilty verdict at trial. DHSMV must throw out an alcohol-level suspension (not a refusal suspension) if you are found not guilty of the DUI.

Call us. We will look at your options. We can't promise a result.

Source: § 322.2615(1)(b)3., (10)(a)-(b), (16); § 322.271(2)(a), Fla. Stat. (2026); Fla. Admin. Code R. 15A-6.006(7).

Under 21? A few things are different.

• The 10-day permit starts 12 hours after it is issued.
• A level of .02 or higher can bring a suspension: 6 months the first time, 1 year after a prior.
• The same 10 days to ask for review apply.

Source: § 322.2616(1)(a), (2)(a)-(b), Fla. Stat. (2026).

Do you have a CDL?

A DUI arrest can also trigger a separate CDL disqualification, with its own 10-day permit for non-commercial vehicles only. Read: DUI and your CDL.

Source: § 322.64(1)(a), (1)(c)3., Fla. Stat. (2026).

Forms and links (official sites)

• HSMV 78065, review of suspension (Rev. 02/2018): flhsmv.gov/pdf/forms/78065.pdf
• HSMV 72034, Request for Eligibility Review (Rev. 4/2026): flhsmv.gov/pdf/forms/72034.pdf
• HSMV 78306, Application for Administrative Hearing (Rev. 4/2026): flhsmv.gov/pdf/forms/78306.pdf
• Check your license status: services.flhsmv.gov/DLCheck
• Miami Bureau of Administrative Reviews: 401 NW 2nd Ave, Ste N612, Miami, FL 33128. Phone 305-265-3001. Email MiamiBAR@flhsmv.gov. As of October 26, 2026, DHSMV's page says the office is temporarily closed to the public and takes requests by email.

Fees are on the forms. Check the form for the current fee before you send it.

Related pages

• Back to the DUI hub
• What to do in the first 24 hours
• Refusing a breath test in Florida
• Hardship license after a DUI
• DUI and your CDL
• License suspension hearings: the full deep dive
• If you are not a citizen, read this too: DUI and immigration

Call or WhatsApp: (305) 209-0384

Not sure which choice fits you? We will look at your notice with you. English or Spanish. 24 hours. Dennis Gonzalez Law, P.A. Our lead attorney is a former Miami-Dade prosecutor.

This page is general information, not legal advice for your case.

Last reviewed: October 26, 2026. Reviewed by the attorneys of Dennis Gonzalez Law, P.A.