Florida record
Florida DUI license review deadline
- What the state calls it
- DUI at 0.08 BAC or above for most adult drivers
- Administrative action
- Administrative suspension of the driving privilege, imposed by the arresting officer for the department and challenged through a formal or informal review under Fla. Stat. § 322.2615
- Deadline to contest
- 10 calendar days
- What starts the clock
- The statute and the state's own form word this differently, so we record both. § 322.2615(1)(b)3. allows a review request "within 10 days after the date of issuance of the notice of suspension." FLHSMV form HSMV 78065 says the request must be submitted within 10 days of the date of arrest or issuance of the notice, whichever is later. At a roadside suspension these are the same day.
- Agency
- Florida Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews, at the office named on your citation or notice
- How to request
- In writing on form HSMV 78065, with a 25 dollar filing fee and a copy of your citation, submitted to the Bureau of Administrative Reviews office shown on your citation. You choose a formal review, a telephonic formal review, or an informal review. At a formal review the hearing officer can take testimony and issue subpoenas. At an informal review only documents are considered and no testimony is heard.
- If the deadline passes
- The statute gives the review right only within the 10 days and contains no provision for a late request. The suspension period starts on the date the notice was issued, and the temporary permit expires at midnight on the 10th day after that, so driving privileges lapse at that point either way. The specific consequence of filing late is not stated in the statute or on any FLHSMV page we could verify, so we do not state one.
- Temporary permit
- Commonly 10 days
- If the test was refused
- The 10 day deadline is the same for both. The suspension differs: one year for a first refusal, 18 months if your privilege was suspended for a refusal before, against 6 months for a first result of 0.08 or above. Hardship eligibility differs too, with a 90 day wait after a sustained refusal suspension against 30 days for a sustained test failure.
- Statute
- Fla. Stat. § 322.2615, Fla. Stat. § 322.271, Fla. Stat. § 316.193, Fla. Stat. § 322.64
What this means after an arrest in Florida
An arrest in Florida normally starts two separate processes. The criminal DUI case goes to court on its own timetable. Separately, Florida Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews, at the office named on your citation or notice can act against your license, and you have 10 calendar days to contest that.
The clock is described in the source as: The statute and the state's own form word this differently, so we record both. § 322.2615(1)(b)3. allows a review request "within 10 days after the date of issuance of the notice of suspension." FLHSMV form HSMV 78065 says the request must be submitted within 10 days of the date of arrest or issuance of the notice, whichever is later. At a roadside suspension these are the same day. That wording matters, because the date on your notice is what counts, not the date you got around to reading it.
What is different about Florida
Florida gives you one of the shortest windows in the country and the temporary permit expires on exactly the same day, at midnight on the 10th day after the notice. Requesting the review does not keep you driving: § 322.2615(9) says a request for a formal or informal hearing does not stay the suspension. There is also a trade off to understand before you act. Under § 322.271(7) a first time offender can apply for a restricted driving privilege instead, but accepting it is treated as waiving your right to formal and informal review, so you give up the challenge in exchange for driving.
What to do first
- Find the paperwork you were given at the roadside and check the date printed on it.
- Contact Florida Department of Highway Safety and Motor Vehicles, Bureau of Administrative Reviews, at the office named on your citation or notice or a Florida defense attorney about the hearing request before the deadline above.
- Keep a copy of everything you send, with the date you sent it.
- Read what to do after a DUI arrest for the wider picture, including the criminal case.
Sources
- Florida Statutes § 322.2615 — Suspension of license; right to review — The Florida Senate (accessed 2026-08-20)
- HSMV 78065 — Application for Formal/Informal Review of Driver License Suspension — Florida Department of Highway Safety and Motor Vehicles (accessed 2026-08-20)
- Florida DUI and Administrative Suspension Laws — Florida Department of Highway Safety and Motor Vehicles (accessed 2026-08-20)
Change history
- 2026-08-20 — Record created from Fla. Stat. § 322.2615, FLHSMV form HSMV 78065, and the FLHSMV administrative suspension page. (casey-meraz)