The short answer
Yes. Under § 322.2615, Florida Statutes, your license is suspended at the time of a DUI arrest if you blow 0.08 or higher or refuse testing, but your citation acts as a 10-day temporary permit, and you have those 10 days to request a review.
Is your license immediately suspended after a Florida DUI?
Yes. In Florida, your license is suspended on the spot when you are arrested for DUI with a blood or breath alcohol level of 0.08 or higher, or when you refuse a test. The officer's citation works as a 10-day temporary permit. You have 10 days to challenge the suspension or seek a restricted license.
This can feel sudden, but you still have time and options. The suspension comes from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), not the criminal court. That is why it is called an administrative suspension, a license penalty that happens before and apart from any conviction.
Source: § 322.2615, Florida Statutes (2026 text, current as of October 2026), and the FLHSMV page on Florida DUI and administrative suspension laws.
| Reason for suspension | Suspension length | Earliest hardship license |
|---|---|---|
| First test at 0.08 or higher | 6 months | After 30 days without driving, plus DUI school |
| Second or later test at 0.08 or higher | 1 year | Depends on your record |
| First refusal to test | 1 year | After 90 days without driving |
| Second or later refusal | 18 months | None |
What does the suspension depend on?
How long you lose your license depends on your test result and your history. Drivers under 21 face the same suspension at a level of 0.02 or higher.
- Test result: 0.08 or higher means a 6-month first suspension.
- Refusal: saying no to a breath, blood or urine test means 1 year the first time.
- Past suspensions: a second refusal means 18 months and no hardship license.
- Review request: the suspension can be kept, changed or thrown out at a review.
A hardship license, called a business-purpose-only license, lets you drive to work, school, church and medical visits. FLHSMV explains these rules on its suspension page.
Deadline: You must ask FLHSMV for a formal or informal review within 10 days of the arrest. If you miss it, the temporary permit ends and the suspension stands.
What should you do in the first 10 days?
These steps keep your choices open while the clock runs.
- Read your citation to find the date your temporary permit ends.
- Talk to a DUI lawyer about whether to fight the suspension or waive it.
- Request a formal review, or ask for a restricted license if you qualify.
- Enroll in DUI school if you plan to seek a hardship license.
Some first-time drivers can skip the review and get a business-purpose license right away under § 322.271(7), Florida Statutes. Taking that license gives up your right to the review, so ask a lawyer before you choose.
Frequently asked questions
What happens when you get a DUI for the first time in Florida?
Two cases start at once. FLHSMV suspends your license at arrest, usually for 6 months if you tested at 0.08 or higher. Separately, the criminal court handles the DUI charge. A conviction brings fines, probation, DUI school, 50 hours of community service and a court-ordered license revocation of 180 days to 1 year.
Can I go to jail for my first DUI in Florida?
Yes. Under § 316.193, Florida Statutes, a first DUI can bring up to 6 months in jail. That rises to 9 months if your level was 0.15 or higher or a minor was in the car. Many first-time cases end with probation instead, but the judge decides based on the facts.
How much does a first DUI cost in Florida?
$500 to $1,000 is the court fine for a standard first DUI under § 316.193, Florida Statutes, as of October 2026. It rises to $1,000 to $2,000 at 0.15 or higher or with a minor in the car. Court costs, DUI school, reinstatement fees, insurance increases and lawyer fees add more on top.
What is the penalty for a first DUI conviction?
A first DUI conviction in Florida carries a $500 to $1,000 fine, up to 6 months in jail and up to 1 year of probation. You must also do 50 hours of community service, finish DUI school and have your car impounded for 10 days. Section 322.28 adds a license revocation of 180 days to 1 year.
Sources
- Section 322.2615, Florida Statutes: Suspension of license; right to review, Florida Legislature
- Section 322.271, Florida Statutes: Authority to modify revocation, cancellation, or suspension order, Florida Legislature
- Section 316.193, Florida Statutes: Driving under the influence; penalties, Florida Legislature
- Section 322.28, Florida Statutes: Period of suspension or revocation, Florida Legislature
- Florida DUI and Administrative Suspension Laws, Florida Department of Highway Safety and Motor Vehicles