What Happens If You Miss the 30-Day Deadline to Appeal a DUI License Suspension in Florida?
When your Florida driver’s license is suspended after a DUI arrest, time starts ticking fast. Many drivers don’t realize that you have only 30 days to file a petition challenging that suspension. Missing that window—even by one day—can mean losing your right to appeal.
In the case of Christina Kealohilani Schlemmer v. State of Florida, Department of Highway Safety and Motor Vehicles (FLWSUPP 3003SCHL), a driver’s petition was dismissed for being just one day late. The court ruled that even a small miscount of the filing deadline stripped it of jurisdiction to hear the case.
This post, by Attorney W.F. “Casey” Ebsary Jr., explains what this case means for Florida drivers, how to calculate your 30-day appeal period correctly, and what you can do to protect your driving privileges.
Understanding the 30-Day Rule
Florida Rule of Appellate Procedure 9.100(c)(1) gives a driver 30 days from the date their license suspension is rendered to file a petition for writ of certiorari—the formal legal method to challenge a suspension in circuit court.
The key takeaway from Schlemmer is simple but critical:
The first day after your suspension starts counts as day one—not day zero.
In other words, if your suspension takes effect on August 23, then August 24 is day one of your 30-day clock. That means your final day to file is September 22, not September 23.
⚖️ Why Timing Matters So Much
The deadline isn’t flexible. Courts treat it as jurisdictional, meaning if you file even a day late, the court legally cannot hear your case.
Here’s how it played out in Schlemmer’s case:
| Event | Date | Effect |
|---|---|---|
| Suspension took effect | August 23, 2021 | Day zero |
| Day one begins | August 24, 2021 | Start of 30-day clock |
| Filing deadline | September 22, 2021 | Last legal day to file |
| Petition filed | September 23, 2021 | One day late → Dismissed |
Result: Petition dismissed. Case closed. License remained suspended.
Common Mistakes That Cost Drivers Their Appeals
- Miscounting Days
- Many drivers (and even some lawyers) incorrectly treat the first day as “day zero.”
- Relying on Mail Delays
- Filing deadlines are based on when the court receives your petition, not when you mailed it.
- Electronic Filing Glitches
- If you use e-filing, make sure the system shows your petition was received and accepted before the 30th day.
- Not Consulting a DUI Lawyer Early
- Waiting to hire a lawyer can waste valuable time needed to prepare a solid appeal.
📊 Chart: The Countdown to Losing Your Right to Appeal
Missing that final mark—even by hours—ends your appeal rights.
The Legal Reasoning Behind the Dismissal
Judge Wooten, writing for the 9th Judicial Circuit Court (Orange County), emphasized that Rule 9.100(c)(1) and Rule 2.514(a)(1) govern how the 30-day clock works.
The petitioner, Christina Schlemmer, filed her case on September 23, believing the first day after her suspension should be “day zero.” The court disagreed and dismissed the petition for lack of jurisdiction.
Citing prior rulings such as Penate v. State, 967 So. 2d 364 (Fla. 5th DCA 2007), and Matheny v. Indian River Fire Rescue, 174 So. 3d 1129 (Fla. 1st DCA 2015), the court confirmed that there are no exceptions to the jurisdictional rule.
How to Avoid Losing Your Appeal Rights
If your license is suspended after a DUI arrest:
- Act immediately – Contact a DUI attorney as soon as you receive the suspension notice.
- Calculate correctly – Start counting from the next calendar day after the suspension date.
- File early – Don’t wait until the 30th day to e-file your petition.
- Track confirmation – Save all e-filing receipts and timestamps.
- Hire experience – Work with an attorney who has handled administrative reviews and writs of certiorari in Florida DUI cases.
🔗 Don’t Wait—Protect Your License Today
If your license has been suspended or you’ve missed a deadline, contact Attorney W.F. “Casey” Ebsary Jr. immediately for a consultation.
📞 Call (813) 222-2220 or visit DUI2Go.com/contact.
Your Legal Options After a DUI Suspension
Even if the appeal window has closed, you may still have options:
| Option | Description | Who Qualifies |
|---|---|---|
| Formal Review Hearing | Challenge the administrative suspension within 10 days of arrest | Drivers arrested for DUI |
| Hardship License | Request limited driving privileges for work, school, or family care | First-time offenders |
| Reinstatement After Suspension | Apply to reinstate license after serving the suspension | All eligible drivers |
| Expungement or Sealing | Remove criminal record after dismissal or acquittal | Case-specific |
Each of these has strict filing and eligibility requirements under Fla. Stat. §322.2615 and §322.271.
Real-World Takeaway DUI License Suspension
The Schlemmer case is a cautionary tale for every driver facing a DUI license suspension. The 30-day window to file a writ of certiorari is not just a guideline—it’s a strict jurisdictional limit. Even a one-day delay can make the difference between regaining your license and being stuck with a suspension.
🔗 Learn More About DUI Defense DUI License Suspension
Visit About Casey Ebsary to learn about his board certification, decades of DUI defense experience, and success handling driver’s license appeals across Florida.
Top 10 Questions and Answers About DUI License Suspension Appeals in Florida
You have exactly 30 days from the date the suspension takes effect to file your appeal (petition for writ of certiorari).
If you miss the deadline, the court cannot legally hear your case. Your suspension remains in effect, as in Schlemmer.
Yes. A qualified DUI defense lawyer can prepare and file your petition correctly and on time to protect your rights.
No. The court’s e-filing timestamp determines timeliness. Submissions after midnight are considered filed the next day.
ONLY With a hardship or temporary permit, depending on your driving history.
You may have grounds to challenge the suspension if notice was defective, but you must act immediately upon learning of it.
Yes. Most counties charge between $400–$450 in filing fees for writs of certiorari.
You can, but procedural errors are common. A missed deadline or incomplete petition often results in automatic dismissal.
The DHSMV hearing is administrative (handled by the agency). The court appeal (writ of certiorari) reviews legal errors after the agency’s decision.
Casey Ebsary, a board-certified DUI expert, helps drivers challenge suspensions, file timely appeals, and regain driving privileges.
👉 Contact him at DUI2Go.com/contact or call (813) 222-2220.
🔗 Schedule a DUI Case Review
Need help understanding your deadlines or options after a DUI suspension?
Schedule a free consultation today with Attorney W.F. “Casey” Ebsary Jr.—an experienced Florida DUI defense lawyer who knows how to fight for your license.
Conclusion: Every Day Counts
The Schlemmer decision is a reminder that deadlines determine outcomes. If you’ve been arrested for DUI or received a notice of license suspension, act immediately. You only have 30 days to protect your rights, and the clock starts the very next day.
At the Law Office of W.F. “Casey” Ebsary Jr., we understand how critical your license is for work, family, and daily life. Don’t risk losing it over a technicality—get experienced help today.
Full Text of the Court Order in DUI License Suspension
FINAL ORDER DISMISSING PETITION
FOR WRIT OF CERTIORARI
AND DIRECTING CLERK TO CLOSE CASE
(WOOTEN, J.) THIS MATTER came before the Court for consideration of the Petition for Writ of Certiorari, filed on September 23, 2021 (Petition);1 the Court’s Order to Show Cause, filed on October 29, 2021 (Show Cause Order); Petitioner’s Response, filed on November 13, 2021; and Respondent’s Reply, filed on November 17, 2021. Petitioner is seeking review of a final administrative order of driver’s license suspension that wasrendered on August 23, 2021. The Court finds as follows:
Pursuant to Florida Rule of Appellate Procedure 9.100(c)(1), a petition for writ of certiorari must be filed within 30 days of the date of rendition of the order to be reviewed. The 30 day time limit set forth in Rule 9.100(c)(1) is jurisdictional. See Penate v. State, 967 So. 2d 364 (Fla. 5th DCA 2007) [32 Fla. L. Weekly D2455a] (appellate court lacked jurisdiction over petition for writ of certiorari that was filed more than 30 days from the date of rendition of the opinion). As acknowledged by both Petitioner and Respondent, the suspension of Petitioner’s Driver’s License went into effect on August23, 2021. As a result, the deadline to file the instant Petition was September 22, 2021. See Fla. R. Jud. Admin. 2.514(a)(1). Therefore, the instant Petition was filed beyond the 30 day deadline as it was filed on September 23, 2021.
Because the instant Petition appeared to be untimely filed, the Court in its Order to Show Cause directed Petitioner to show cause why the Petition should not be dismissed for lack of jurisdiction as untimely, given that the Petition appeared to have been filed on October 5, 2021. In the Response, Petitioner argues that her Petition should not be dismissed as untimely because it had been initially filed on September 23, 2021 and that September 23, 2021 was the appropriate deadline. The Court disagrees.
Florida Rule of Appellate Procedure 9.420(e) states that computation of time is governed by Fla. R. Jud. Amin. 2.514. The rule advises to “begin counting from the next day” after the rendition of the order. Fla. R. Jud. Admin. 2.514(a)(1)(A). Because the final order of suspension in question was rendered on Monday, August 23, 2021, the following day, Tuesday, August 24, 2021, was the first day of the thirty-day deadline and should be counted as day one. Petitioner instead counted August 24, 2021 as day zero, resulting in a miscalculation of the deadline. As stated above, the thirty-day deadline is jurisdictional and this Court lacks jurisdiction to entertain an untimely petition even if filed only one day late. See Matheny v. Indian River Fire Rescue, 174 So. 3d 1129 (Fla. 1st DCA 2015) [40 Fla. L. Weekly D2240a].
Accordingly, Petitioner has failed to show good cause why her Petition should not be dismissed for lack of jurisdiction as untimely. The final administrative order of driver’s license suspension was rendered on August 23, 2021. Since the instant Petition was not filed until September 23, 2021 at the earliest, it is untimely and this Court lacks jurisdiction to consider it on the merits. See Fla. R. App. P. 9.100(c)(1); Penate, 967 So. 2d at 364-65 (court lacked jurisdiction over petition for writ of certiorari filed more than 30 days from the date of rendition of order). Therefore, Court determines that the Petition must be dismissed.
Based on the foregoing, it is ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DISMISSED. The Clerk of the Court is directed to CLOSE this case forthwith. (LEBLANC and WHITE, JJ., concur.)
__________________
1 The Court notes that the docket indicates that the case was initiated on September 23, 2021. However, the docket lists October 5, 2021 as the filing date for the petition. Petitioner explains this discrepancy as an issue with the electronic filing which required a corrected version of the petition to be submitted.