Two Proceedings, Two Different Decisions
A Florida DUI case can involve both a criminal prosecution and an administrative action against the driver's driving privilege. The administrative proceeding is handled by FLHSMV's Bureau of Administrative Reviews, known as BAR. A criminal court's next hearing date does not replace the administrative review deadline. Likewise, a BAR decision about a suspension is not the court's decision on a criminal charge.
The Florida Driver License Handbook explains that administrative review applies when a person's driving privilege is suspended for an alcohol level of .08 or higher or refusal to submit to a breath, urine or blood test. The department's Bureau of Administrative Reviews audit describes how BAR handles DUI administrative reviews and hardship eligibility cases.
The 10 Day Administrative Review Window
The handbook says a driver seeking to appeal an administrative suspension for an unlawful alcohol level or refusal must apply for a formal or informal hearing at the appropriate BAR office within 10 days of the arrest. The notice provided in the case is essential because it identifies the suspension and the instructions for exercising review rights.
The FLHSMV review hearing instructions describe a written request within 10 calendar days of the suspension, accompanied by a copy of the notice and the nonrefundable filing fee indicated on the form. The department's published handbook refers to the arrest, while the hearing notice refers to the suspension. Follow the earlier applicable deadline rather than assuming these wordings create extra time.
Do not wait for the criminal case to conclude, an insurance renewal, or a later mailing to decide whether to request review. If you receive more than one sanction notice, use the case identifiers in each notice when asking BAR which requests are necessary.
Formal Versus Informal Review
An informal review is based on examination of the materials supplied to the department. A formal review allows the driver to be heard and present witnesses. Those descriptions come from the FLHSMV administrative review notice.
The review addresses the statutory basis for the administrative suspension rather than every dispute in the criminal prosecution. For an unlawful alcohol level suspension, the notice identifies questions including probable cause and the qualifying alcohol result. For a refusal case, questions include the refusal and the warning given about the driving privilege consequence.
The choice of procedure can affect how evidence is presented. Review the notice and ask the BAR office about filing requirements rather than sending a general letter to the criminal court and assuming it counts as an administrative hearing request.
What the Suspension Paperwork May Say About Driving
FLHSMV's DUI citation form describes a temporary driving privilege for certain eligible drivers until midnight on the tenth day after suspension. It also specifies that an administrative suspension for an unlawful blood or breath alcohol level can be six months on a first violation or one year after a prior such suspension. A first test refusal may bring a one year administrative suspension, and a subsequent refusal an 18 month suspension.
That citation is a published form, not a statement that every arrested driver qualifies for temporary driving. Check the boxes and restrictions actually marked in your paperwork. Do not treat a pending hearing or a criminal court appearance as general permission to drive.
How to Locate the Correct Bureau of Administrative Reviews Office
FLHSMV's county location listings provide BAR contacts and distinguish administrative hearing requests from ordinary driver license counter services. Some listings provide forms and allow requests to be submitted by email without visiting the office. The service center where someone renews a license is not necessarily where an administrative review request should be directed.
Use the address or contact on the suspension notice when available and verify the current filing method with BAR. Include the required case information and retain proof of a timely submission. The printed DUI citation forms and notices may contain older office listings, so use the current FLHSMV location directory rather than relying on an old office address.
What Comes After a Review
A hearing request, an eligibility review, and reinstatement are different steps. The administrative result determines what may happen to the administrative suspension. A driver may also have to address criminal court orders, licensing fees, DUI program requirements or another suspension on the record. The separate Florida suspended license reinstatement guide explains why satisfying one sanction does not necessarily restore the entire driving privilege.
The FLHSMV Driver License Check is a way to verify the current driving privilege status. Confirm the result of each case and any restricted license terms before resuming driving. Do not assume a paid fee by itself clears all holds.
Frequently Asked Questions
Do I have 10 days to request a Florida DUI administrative hearing?
FLHSMV's handbook describes a 10 day window following the arrest for an unlawful alcohol level or refusal suspension. Its review notice describes 10 calendar days from the suspension. Act within the earlier applicable window shown by the paperwork.
Is an administrative DUI hearing the same as my criminal case?
No. The Bureau of Administrative Reviews handles the driving privilege action, while the criminal court addresses the criminal charge.
What is the difference between formal and informal review?
FLHSMV describes informal review as examination of submitted materials. Formal review gives the driver an opportunity to be heard and present witnesses.
Can someone with a first DUI arrest ask for restricted driving privileges?
FLHSMV describes a waiver review option for eligible first DUI related offenders without prior DUI related offenses. Choosing it means waiving the right to review the administrative suspension; eligibility is not automatic.
Does requesting review mean I can keep driving?
No. Driving privileges depend on the temporary permit, suspension notice, review result and any other restrictions actually applying to your record.
Where do I file the hearing request?
Use the BAR instructions in your notice and confirm the correct filing office or email through FLHSMV's current county location directory.