Sarasota DUI Refusal & License Suspension Lawyer

After a Sarasota DUI arrest, the driver’s-license problem may begin
before the criminal case reaches a courtroom. A person accused of
refusing a breath, blood, or urine test—or of driving with an unlawful
breath-alcohol level—may face an administrative suspension through the
Florida Department of Highway Safety and Motor Vehicles.

The administrative case is separate from the DUI prosecution.
Winning, losing, reducing, or dismissing one track does not necessarily
decide the other.

The deadline is short

Florida DHSMV’s official review form states that a request for formal
or informal review must be submitted, with the required filing fee and
citation copy, within 10 days of the arrest or issuance of the
suspension notice, whichever is later. Official materials also describe
a waiver option for some first-time DUI-related suspensions, but
accepting that path can waive formal or informal review of the
suspension.

The best option is fact-specific. A driver should not choose a
hearing or waiver route based only on a general website description.

What may be
reviewed in a refusal suspension?

Florida’s administrative-review statute defines the issues a hearing
officer may consider. Depending on the type of suspension, the record
can raise questions about:

• whether the officer had probable cause to believe the person was
  driving or in actual physical control while under the influence;
• whether a requested test was lawfully required;
• whether the person refused after the applicable warning;
• whether the refusal was accurately documented;
• whether the suspension packet was complete and timely; and
• whether testimony, video, reports, and DHSMV records are
  consistent.

A refusal is not the same thing as proof of DUI. It can, however,
create separate license consequences and may be used as evidence in the
criminal case subject to the governing law.

Formal review,
informal review, or waiver review

An informal review generally relies on documents. A formal review
permits a hearing and may permit testimony and challenges to the
agency’s proof. A waiver review may be available to an otherwise
eligible person with a first DUI-related offense who seeks a restricted
license, but the choice has legal consequences.

Important questions include driving history, prior suspensions, the
need to drive for work or family responsibilities, the strength of the
suspension packet, and whether subpoenas or testimony would help.
Eligibility should be confirmed from current official records.

Refusal can also
affect the criminal case

Florida law contains separate consequences for certain refusals,
including potential criminal exposure for a refusal after a prior
qualifying refusal suspension and the required warning. The precise
wording of the charge, the driver’s history, the request made by the
officer, and the warnings actually given all matter.

Do not assume that an entry reading “refusal” answers those
questions. Body-camera footage, implied-consent warnings, citations,
breath-test room video, and agency records can be important.

What to preserve

Keep the DUI citation, driver’s-license receipt or suspension notice,
release paperwork, and every page provided by law enforcement. Note the
arrest date and the date shown on the suspension notice. Do not alter or
discard documents even if information appears wrong; discrepancies may
matter.

Dunn Law Firm reviews the license issue alongside the criminal DUI
case so deadlines and defenses are not handled in isolation. If the
arrest was recent, contact the firm promptly because the administrative
timetable does not wait for the criminal court calendar.

Frequently asked questions

Does
requesting a DHSMV review fight the criminal DUI charge?

No. It addresses the administrative suspension. The criminal case
remains pending unless the court resolves it.

Can the
10-day deadline be extended automatically?

Do not count on an extension. The official form states a 10-day
submission period. Obtain case-specific advice immediately.

Is refusing always
better than taking a test?

There is no universal answer after the fact. The defense should
evaluate what was requested, what warnings were given, the driver’s
history, and what the evidence shows.

Can I
keep driving because my court case has not started?

Do not drive without confirming valid privileges. The administrative
suspension can operate independently of the criminal case.

FLHSMV’s official Driver License Check can show the status currently reflected on the state record. It does not determine which review option to choose or extend the separate administrative-review deadline.

Official resources

• Florida
  Statutes § 322.2615 — suspension and right to review
• Florida
  Statutes § 316.1939 — refusal to submit
• Florida DHSMV
  Form 78065
• Check your Florida driver-license status (official FLHSMV tool)

Attorney advertising. This page provides general information, not
legal advice. An arrest is an allegation, and every accused person is
presumed innocent unless proven guilty.