Commercial Driver License Suspension, Florida DUI Administrative Hearing, Portable Alcohol Breath Testing

Florida DUI Administrative Hearing | Tampa

Florida DUI Administrative Hearing | Tampa

Summary of Florida DUI Suspension Laws


Failure to Challenge Suspension Within 10 Days automatically Validates Suspension

The Refusal to submit to a breath, urine, or blood test is admissible as evidence in Florida DUI Administrative Hearings andĀ criminal proceedings. The Second or subsequent refusal is a misdemeanor of the first degree.
First Refusal SuspensionĀ suspended for 1 year. Second Refusal suspension for 18 months.
CDL – Commercial Driver License Suspension Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, permanent disqualification. No hardship reinstatement.
DUI Blood Tests: Blood may be drawn in Driving Under the Influence DUI cases involving serious bodily injury (BI) or death by with the use of reasonable force by the arresting officer, even if the driver refuses.
Portable Alcohol Breath Testing: For persons under the age of 21. a portable reading is admissible as evidence in any Administrative Hearing.
A complete summary of Florida DUI Suspensions can be found here – Florida Driver License Administrative Suspension Information:
Business or Employment Reinstatement:
1.Suspension for Driving With an Unlawful Breath Alcohol of .08 or above or Refusal: Driver must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. If unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. If first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

2. Suspension – Driver Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
DUI Questions in Florida? Tell Me Your Story Toll Free 1-877-793-9290.