A DUI arrest in Florida can set two different processes in motion.
One is the criminal case in county court. The other is an administrative
driver’s-license suspension handled by the Florida Department of Highway
Safety and Motor Vehicles (FLHSMV). The two tracks overlap, but they are
not the same—and the driver’s-license side can require action within
just 10 days.
That deadline is easy to miss while someone is arranging
transportation, retrieving a vehicle, preparing for court, or simply
trying to understand the paperwork. For a person arrested in Sarasota or
Manatee County, the safest practical approach is to treat the notice of
suspension as urgent and get case-specific advice promptly.
The
criminal DUI case and the license suspension are separate
Florida’s DUI statute allows a charge when the State alleges that a
person drove or was in actual physical control of a vehicle while normal
faculties were impaired by alcohol or specified substances, or while the
person had a blood- or breath-alcohol level of 0.08 or higher. The
criminal case determines whether the State can prove that charge in
court.
The administrative suspension is different. Under Florida
Statutes section 322.2615, an officer acting for FLHSMV may suspend
a driver’s license after an unlawful alcohol-level result or a refusal
to submit to a lawful breath, blood, or urine test. The statute says the
officer generally takes the physical license and issues a 10-day
temporary permit if the driver is otherwise eligible.
Because the administrative and criminal proceedings are separate, a
later result in one does not automatically resolve the other. For
example, the statute specifically says that the disposition of the
criminal case does not affect an administrative suspension based on a
refusal. That is one reason not to wait for a first court date before
addressing the license issue.
What is the 10-day deadline?
The notice of suspension should state the date it was issued. Florida
law gives the driver 10 days after that date to request a formal or
informal review of the suspension, or to request a review of eligibility
for a restricted driving privilege under the applicable statute. The
temporary permit issued at the time of suspension expires at midnight on
the tenth day after the notice was issued.
The 2026 Legislature amended portions of section 322.2615 through Chapter 2026-39, Laws of
Florida. Among other notice-related updates, the law permits FLHSMV
to provide certain informal-review decisions by mail or by email
furnished to the department. The change did not extend the 10-day period
for choosing a review path.
Do not assume that the deadline runs from an arraignment, a clerk
notice, or the date a vehicle is recovered. The controlling document and
the driver’s circumstances should be reviewed directly.
Formal
review, informal review, or restricted-license eligibility review?
The available paths are not interchangeable.
A formal review may involve testimony, relevant evidence, and
subpoenas. An informal review is generally a review of written materials
submitted by law enforcement and the driver. A qualifying first-time DUI
driver may instead ask FLHSMV to review eligibility for a restricted
license, but accepting that option can mean waiving the right to
challenge the administrative suspension.
Choosing among those paths can affect both immediate driving
privileges and how the suspension is contested. The right choice depends
on facts such as whether the suspension followed an alcohol-level result
or an alleged refusal, whether the driver has prior DUI-related history,
whether the temporary permit was issued, and whether the person is
otherwise eligible to drive. It is not a decision to make from a
checklist alone.
The current statute provides a six-month administrative suspension
for a first unlawful alcohol-level case and a one-year suspension for a
first refusal. If a suspension is sustained after a challenge, the
statute also provides periods during which a person may be ineligible
for a business- or employment-purposes license—generally 30 days after
the last temporary permit for an alcohol-level suspension and 90 days
for a refusal suspension. Eligibility can be more complicated than those
general rules suggest.
FLHSMV’s formal/informal review
application reinforces the 10-day filing period and identifies the
materials and filing fee required for that application. Forms and
procedures can change, so use the current FLHSMV materials rather than
an old copy found elsewhere.
What happens in the
local criminal case?
A standard first DUI without injury is ordinarily a misdemeanor
criminal-traffic case in county court. The Twelfth
Judicial Circuit assigns county judges to criminal matters in both
Sarasota and Manatee Counties. Court dates and filing information should
be confirmed through the appropriate clerk rather than guessed from the
license deadline.
The Sarasota
Clerk directs people to ClerkNet and the “Case Events” section to
verify scheduled events. The Manatee
Clerk’s Criminal Division likewise directs people to its
court-records search for a court date, sentence, or assigned judge.
Missing a required appearance can create additional problems, so keep
contact information current and check the official record.
Florida law also limits release immediately after a DUI arrest.
Section 316.193 says a person may not be released until the person is no
longer under the influence, the alcohol level is below 0.05, or eight
hours have elapsed from the arrest—whichever condition in the statute is
satisfied first.
What could a first
DUI conviction involve?
An arrest is not a conviction, and possible defenses and outcomes
depend on the evidence. Still, understanding the statutory exposure
helps explain why early review matters.
Under section
316.193, a standard first conviction can include a fine of $500 to
$1,000 and up to six months in jail. The statute also calls for
probation, at least 50 hours of community service, DUI school with a
substance-abuse evaluation and treatment if referred, and 10 days of
vehicle impoundment or immobilization, subject to statutory exceptions.
A blood- or breath-alcohol level of 0.15 or higher, or having a
passenger under 18, increases the fine range and potential jail term and
can require an ignition-interlock device.
Those are statutory ranges and conditions, not a prediction of what
will happen in any particular case. Crash allegations, injuries, prior
history, license status, evidentiary issues, and local court orders can
materially change the analysis.
Practical
steps after a Sarasota or Manatee DUI arrest
- Keep every paper received from the officer, jail, towing company,
clerk, and FLHSMV. - Identify the date on the notice of suspension and calculate the
10-day deadline immediately. - Do not drive outside the terms or dates of any temporary or
restricted permit. - Preserve potential evidence, including receipts, messages,
photographs, location data, and the names of possible witnesses. Do not
alter or post about the incident online. - Verify criminal-court dates through the Sarasota or Manatee clerk’s
official system. - Discuss the administrative-review choices and the criminal case with
counsel before waiving a hearing right or submitting a substantive
statement.
The Dunn Law Firm, P.A. represents people facing criminal charges in
Sarasota and Manatee Counties. If you need to understand the deadlines
and choices in your own DUI matter, you may contact the firm for a
confidential consultation.
This article provides general information about Florida law as of
August 31, 2026. It is not legal advice, does not create an
attorney-client relationship, and should not be used as a substitute for
advice about a specific case.