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Florida Statutes § 322.2615

Suspension of license; right to review.

Florida DUI statute · Checked against the official text October 12, 2026 · How we research and review these pages

What this section governs

Florida DHSMV license suspension for 0.08+ or test refusal: notice, 10-day permit, review rights and hard waits.

Plain-language summary

Section 322.2615 is Florida’s administrative license suspension statute: it sets out when a driver’s license is suspended on behalf of the Department of Highway Safety and Motor Vehicles after a DUI arrest, what the notice of suspension must say, and how the driver can seek review. Under subsection (1)(a) a law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level; the officer takes the driver license, issues a 10-day temporary permit if the person is otherwise eligible, and issues a notice of suspension. Under subsection (1)(b) the suspension is for 1 year for a first refusal or 18 months if the driving privilege was previously suspended for a refusal, and for 6 months for a first 0.08-or-higher offense or 1 year if the privilege was previously suspended under this section. The suspension commences on the date the notice is issued; the driver may request a formal or informal review within 10 days after that date, or a review of eligibility for a restricted driving privilege under s. 322.271(7); the temporary permit expires at midnight of the 10th day following issuance of the notice; and the driver may submit any materials relevant to the suspension. Under subsection (9) a request for review does not stay the suspension, and if the department fails to schedule the formal review hearing within 30 days after receiving the request, it shall invalidate the suspension. Under subsection (10), once a refusal suspension is sustained the person is not eligible for a business-or-employment-purposes license under s. 322.271 until 90 days have elapsed after the last temporary permit expired; for a sustained 0.08-or-higher suspension the wait is 30 days. Subsection (14) keeps the two tracks apart: the department’s decision, or any circuit court review of it, may not be considered in any trial for a violation of s. 316.193, a written statement in a request for review may not be admitted against the person in such a trial, and the disposition of any related criminal proceedings does not affect a suspension for refusal. Subsection (15) bars a suspension under this section for the same episode already used for a suspension under s. 322.2616, and subsection (16) requires the department to invalidate a 0.08-or-higher suspension — not a refusal suspension — if the person is found not guilty at trial of an underlying violation of s. 316.193.

Official text (excerpt)

322.2615 Suspension of license; right to review.— (1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level. The officer shall take the person’s driver license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension. If a blood test has been administered, the officer or the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver license pursuant to subsection (3). (b) The suspension under paragraph (a) shall be pursuant to, and the notice of suspension shall inform the driver of, the following: 1.a. The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test; or b. The driver was driving or in actual physical control of a motor vehicle and had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher and his or her driving privilege is suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously suspended under this section. 2. The suspension period shall commence on the date of issuance of the notice of suspension. 3. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7). 4. The temporary permit issued at the time of suspension expires at midnight of the 10th day following the date of issuance of the notice of suspension. 5. The driver may submit to the department any materials relevant to the suspension.

[…] (9) A request for a formal review hearing or an informal review hearing shall not stay the suspension of the person’s driver license. If the department fails to schedule the formal review hearing within 30 days after receipt of the request therefor, the department shall invalidate the suspension. If the scheduled hearing is continued at the department’s initiative or the driver enforces the subpoena as provided in subsection (6), the department shall issue a temporary driving permit that shall be valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit may not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only. (10) A person whose driver license is suspended under subsection (1) or subsection (3) may apply for issuance of a license for business or employment purposes only if the person is otherwise eligible for the driving privilege pursuant to s. 322.271. (a) If the suspension of the driver license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 90 days have elapsed from the date of the suspension. (b) If the suspension of the driver license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 30 days have elapsed from the date of the suspension.

[…] (14)(a) The decision of the department under this section or any circuit court review thereof may not be considered in any trial for a violation of s. 316.193, and a written statement submitted by a person in his or her request for departmental review under this section may not be admitted into evidence against him or her in any such trial. (b) The disposition of any related criminal proceedings does not affect a suspension for refusal to submit to a blood, breath, or urine test imposed under this section. (15) If the department suspends a person’s license under s. 322.2616, it may not also suspend the person’s license under this section for the same episode that was the basis for the suspension under s. 322.2616. (16) The department shall invalidate a suspension for driving with an unlawful blood-alcohol level or breath-alcohol level imposed under this section if the suspended person is found not guilty at trial of an underlying violation of s. 316.193.

Source: Florida Legislature (flsenate.gov), accessed October 12, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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