Getting arrested for DUI in Miami is stressful. Your mind races. You want to know what happens next.
This guide walks you through the process. It also explains a deadline most people don't know about. Missing it can cost you your license before your criminal case even starts.
Two Separate Cases, One Arrest
A DUI arrest actually creates two cases. They run on different tracks.
The criminal case happens in court. It decides guilt or innocence. It can take months.
The administrative case happens with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). It decides your driving privileges. It moves fast, and it doesn't wait for the criminal case to finish.
Many first-time offenders don't realize this. They assume nothing happens to their license until the court case wraps up. That assumption is wrong, and it's expensive.
Your License Is Suspended the Moment You're Arrested
If you blew a .08 or higher, or refused testing, your license is suspended automatically. This happens right at the scene.
The officer takes your physical license. In its place, you get a citation. That citation works as a temporary driving permit.
But that permit only lasts 10 days.
The 10-Day Deadline, Explained
Here's the part that catches people off guard.
Under Florida Statute 322.2615, you have 10 calendar days from your arrest to request a formal review hearing with the DHSMV. Not 10 business days. Ten calendar days, including weekends.
If you request the hearing in time, two things happen. First, your temporary permit extends to roughly 52 days total. Second, you get a real chance to challenge the suspension.
If you do nothing, your license suspension becomes automatic and permanent on day 11. You lose the hearing option entirely. You cannot get it back later.
The DHSMV will not remind you. There's no courtesy notice. The clock starts the moment you're arrested, and it doesn't pause for holidays, confusion, or a lawyer you haven't hired yet.
What the Formal Review Hearing Actually Does
The hearing is narrow. A hearing officer looks at three things:
- Did the officer have a valid reason to stop you?
- Were you actually the one driving?
- Was your BAC over the limit, or did you refuse testing?
This is not a trial. It's separate from your criminal case, and it uses a different standard of proof.
Your attorney can question the arresting officer at this hearing. They can challenge how the breath test was administered. They can point out equipment or procedure problems. Sometimes that's enough to get the suspension thrown out entirely.
You don't have to attend in person. But skipping the hearing altogether, or missing the 10-day window to request it, forfeits the chance completely.
The request is made using HSMV Form 78065. An attorney typically handles the filing, but it's worth seeing the actual form so you know what's involved.
What Happens If You Do Nothing
If the 10 days pass with no request filed, your suspension takes full effect. For a first offense, that generally means:
- 180 days to one year without a license
- No formal hearing, ever, for this suspension
- A separate path to a hardship license, which takes longer and has its own requirements
This suspension is on top of anything that happens later in your criminal case. They're independent. Losing the administrative fight doesn't decide the criminal outcome, and winning the criminal case doesn't automatically restore your license either.
First-Offense Criminal Penalties in Florida
If convicted, a standard first DUI under Florida Statute 316.193 generally carries:
- A fine between $500 and $1,000
- Up to six months in jail, though many first offenders don't serve time
- 50 hours of mandatory community service
- Probation
- Possible ignition interlock device installation
These numbers increase if your BAC was .15 or higher, or if a minor was in the car. In those cases, fines can reach $2,000, and jail exposure rises to nine months, with a mandatory ignition interlock device.
Every Florida DUI conviction also carries a mandatory adjudication of guilt. That means it cannot be sealed or expunged later, regardless of how minor the case seemed at the time.
What to Do in the First 24 Hours
- Write down everything you remember. The stop, the field sobriety tests, what the officer said. Memory fades fast.
- Don't discuss the case with anyone except your attorney. Not friends, not family, not social media.
- Contact a DUI attorney immediately. The 10-day clock doesn't care whether you've hired anyone yet.
- Ask your attorney to file the formal review request right away. This is often the single most time-sensitive task in the entire case.
Why Miami Cases Have Local Wrinkles
Miami-Dade DUI arrests are typically processed through the Richard E. Gerstein Justice Building. Local prosecutors handle high case volumes, and local DHSMV hearing officers see thousands of these requests every year.
An attorney who regularly handles Miami-Dade DUI cases knows the local hearing officers, the local prosecutors, and the local court's tendencies. That familiarity can shape strategy in ways a general practice attorney from outside the area might miss.
Find a DUI Attorney in Miami
If you're inside your 10-day window right now, don't wait. Every day that passes narrows your options.
Browse our directory of Miami DUI and traffic law attorneys to find someone who can act on your case today.
This article is for general informational purposes and isn't legal advice. Florida DUI law includes exceptions and case-specific factors not covered here. Speak with a licensed Florida attorney about your specific situation.