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Last Modified on Feb 13, 2026
How to save your Florida license after a felony DUI arrest in WPB isn’t merely helpful information. It’s critical information that you will need within 10 days of being arrested. If you are arrested for felony DUI in Palm Beach County, you will have only 10 days to preserve your ability to defend against the automatic suspension of your driver’s license by the Florida Department of Highway Safety and Motor Vehicles.
If you don’t act within those 10 days, your license will automatically be suspended regardless of whether you ever get convicted of DUI. West Palm Beach falls under the jurisdiction of the Palm Beach County Courthouse at 205 N. Dixie Highway, and the judges of the 15th Judicial Circuit who hear DUI cases there also oversee pretrial DUI matters.
Understanding the Relevance of the 10-Day Rule
Florida law is clear that if you refuse a breath/blood test or are convicted of a qualifying DUI, your license will be suspended or revoked. When police arrest you on suspicion of DUI, which could be charged as a felony, whether because it is a third DUI offense within ten years or the collision resulted in serious bodily injury, the Florida DHSMV will issue you a Notice of Suspension.
This notice allows you 10 calendar days to request a Formal Review Hearing to challenge the suspension. The countdown to potential license suspension begins immediately following your arrest. If you fail to request the hearing within 10 days, your license will be automatically suspended, likely with no further chance to contest the suspension.
You could be ineligible to drive long before your criminal DUI case is resolved in Palm Beach County criminal court, including felony DUI court. Prior DUI convictions only make matters worse.
Florida Felony DUI Laws
March accounted for more than 10% of all crashes in 2024, making it the month with the highest number of impaired driving incidents. Although it is not the main cause of most crashes, drunk drivers are responsible for one in three fatal traffic accidents. Drunk driving accounted for 34.21% of all fatalities between 2013 and 2023. According to Florida Statutes § 316.193, felony DUI includes the following:
- DUI, third offense within ten years
- DUI resulting in serious bodily injury
- DUI resulting in death, commonly referred to as DUI manslaughter
Felony DUI in Florida is punishable by harsher criminal penalties than misdemeanor DUI, but it also triggers longer suspensions or revocations of driving privileges by administrative action. You will face an administrative driver’s license suspension even if you beat the DUI charge in court.
The Formal Review Hearing
A Formal Review Hearing allows you to challenge the administrative license suspension before a hearing officer. Unlike your criminal case, a Formal Review Hearing is not meant to determine guilt or innocence. You will have the opportunity to show one or more of the following:
- The officer did not have reasonable suspicion to make the traffic stop
- Police did not have probable cause to arrest you for DUI
- Breath/blood testing was not done in accordance with the law
Should you find success at the Formal Review Hearing, your license won’t be suspended, but the DUI criminal case will continue.
Getting Your License Back After a Formal Hearing
After a decision from the Formal Review Hearing, you may apply for hardship reinstatement of your license after a certain period of suspension if you comply with all reinstatement requirements. This typically includes completing DUI school, installing an ignition interlock device (IID) on all your vehicles, and following other requirements.
The law varies slightly based on whether you refused testing or failed the test. If you do not timely request a hearing, however, you lose your opportunity to contest the suspension and may face months or years without a license.
Criminal vs. Administrative Cases
Felony DUI charges in Palm Beach County will be filed in criminal court. However, your driver’s license suspension is an administrative matter. It is possible to prevail in criminal court after your license is suspended by the DHSMV. It is also possible to have your license suspended even if you successfully challenge your DUI case.
FAQs
Can You Drive For 10 Days After a DUI in Florida?
In Florida, you have 10 days after arrest that you can drive on your DUI citation if it was issued to you as a temporary license and your license was not suspended when you were arrested. If you need more time, you may request a Formal Review Hearing. A Florida DUI lawyer can help you pursue a successful outcome by protecting your rights.
How Do You Get a Hardship License in Florida After a DUI?
You must enroll in DUI school to apply for a hardship license after a DUI through the Florida Department of Highway Safety and Motor Vehicles once any required “hard suspension” period has been completed. Whether you refused testing or blew over .08, requirements for eligibility vary. Requirements are based on Florida state laws, which include ignition interlock installation.
What Is the New Law in Florida for DUI?
Effective October 1, 2025, Florida updated its implied consent law to criminalize refusing a lawful request to provide a breath, blood, or urine test if requested by a police officer. It applies to first-time refusals as well. Previously, under Florida law, refusing a test resulted only in administrative consequences. The changes enhance penalties to go along with the State’s DUI laws.
How Do I Get My License Back After a DUI in Florida?
The length of time needed for Reinstatement is based on the length of your suspension and/or your prior record. You will need to prove that you completed DUI school, pay reinstatement fees, show proof of FR-44 insurance, and possibly install an ignition interlock device. Florida statutes provide specific information based on your suspension or if you have multiple DUI’s or a felony DUI.
Florida Felony DUI Lawyer
Your felony DUI attorney can help you with your administrative hearing and check to see if your DUI defense is handled properly in criminal court. Contact the Law Offices of Nellie L. King, P.A., and hire a felony DUI lawyer as soon as possible if you’ve been arrested for felony DUI in West Palm Beach.
