Legally Reviewed by Attorney Simon Wiseman on September 23, 2026
If you have been arrested for a DUI in Florida, you may wonder what comes next. One important step in the process is the administrative review hearing, also known as an administrative license suspension hearing. This hearing determines whether your driver’s license will be suspended, separate from the criminal case that decides on any charges. A hearing officer reviews the evidence and arguments from both sides, including evidence of intoxication and the validity of the traffic stop.
The Wiseman Law Firm focuses on DUI cases and can provide the guidance and representation you need during this time-sensitive process. Our team has extensive experience with Florida DUI cases and works to protect your rights and defend your license. Contact us today for a consultation and let us guide you through the administrative review hearing process.
What Is an Administrative Review Hearing?
An administrative review hearing in Florida is a specific legal proceeding that takes place after someone is arrested for a DUI. This is separate from the court case that decides on criminal charges. The focus of this hearing is to examine the circumstances surrounding your DUI arrest and decide whether your driver’s license should be suspended or reinstated. During the hearing, the details of your arrest are reviewed, including breathalyzer test results and the arresting officer’s report.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) oversees this hearing. It gives you a chance to present evidence and argue against the suspension of your license. It is a critical early step for anyone facing DUI charges, aimed at preserving driving privileges while the criminal case is pending.
The Ten-Day Deadline to Request a Hearing
Florida gives you a strict, limited window to request a formal review hearing after a DUI arrest, typically ten days from the date of your arrest or the date you were notified of the suspension. Missing this deadline generally means losing the right to challenge the suspension administratively, which is why contacting an attorney immediately after an arrest matters more than almost any other step in the process. Our page on the DMV hearing process covers what to expect once a hearing is requested and how it fits into your broader DUI defense.
What Can I Expect During the Hearing?
At your administrative review hearing, prepare for a process that is less formal than court but still significant. A hearing officer, not a judge, presides over the proceedings. Your main goal is to present evidence and arguments against the suspension of your license.
Expect the other side, typically a representative connected to the FLHSMV’s case file, to present evidence suggesting why your license should be suspended based on the DUI charge. You, or preferably your attorney, will have the opportunity to question any witnesses, and the same applies in reverse. This can include the circumstances of your arrest, breathalyzer test results, and the procedures the arresting officer followed. Documents such as police reports and test results are often central to the outcome.
The hearing focuses strictly on your driving privileges, not the criminal aspects of your DUI charge, so the atmosphere is somewhat less daunting even though the stakes remain high. Being well-prepared and represented increases your chances of a favorable outcome and helps you keep your driving privileges while the DUI case is pending.
How Police Mistakes Can Affect Both Cases
The same procedural errors that can help a criminal DUI defense can also matter at the administrative level. Improper traffic stops, field sobriety test administration errors, and chemical test violations are all examples of issues that can affect both proceedings. Our detailed look at common police mistakes that could help your DUI defense walks through these issues in more depth.
How Can a DUI Defense Lawyer Help?
Hiring a DUI defense lawyer can significantly affect the outcome of your administrative review hearing by bringing knowledge and experience to your side. A lawyer reviews the evidence against you, such as breathalyzer results and police reports, to identify weaknesses in the state’s case, and uses that review to craft arguments and present evidence to challenge the suspension at the hearing.
A lawyer knows what evidence to present, how to question witnesses effectively, and how to argue procedural errors made during the arrest. Skilled representation can meaningfully increase your chances of maintaining your driving privileges while providing guidance and support through a challenging process.
Arrested for a DUI? Contact the DUI Defense Attorneys of The Wiseman Law Firm Today
If you are facing DUI charges in Florida, securing the right legal representation matters from the very first days after your arrest. At The Wiseman Law Firm, our DUI defense attorneys are ready to support you through every step, including your administrative review hearing. With our experience and knowledge of Florida DUI laws, we aim to help you achieve the best possible outcome.
To discuss your case and explore your options, fill out our contact form. Your initial consultation could be the first step toward protecting your rights and your future.
Frequently Asked Questions About Administrative Review Hearings
How long do I have to request an administrative review hearing after a DUI arrest?
Florida generally gives you a ten-day window from the date of arrest or notice of suspension to request a formal review hearing. Missing this deadline typically forfeits your right to challenge the suspension administratively.
Is the administrative hearing the same as my criminal DUI case?
No. The administrative hearing only decides whether your driving privileges are suspended. Your criminal DUI case is a separate proceeding in court that determines guilt and any criminal penalties.
Can I get a hardship license while my case is pending?
Depending on the circumstances of your arrest and driving history, you may be able to apply for a hardship license that allows limited driving for work, school, or medical needs while your case is resolved. Eligibility varies case by case.
Do I need a lawyer for an administrative review hearing?
You are not required to have an attorney, but the hearing officer follows specific procedures for evidence and witness questioning. An attorney familiar with these hearings can identify weaknesses in the state’s case that an unrepresented driver might miss.
What evidence is reviewed at the hearing?
The hearing officer typically reviews the arresting officer’s report, breathalyzer or blood test results, and any other documentation related to the stop and arrest. Witnesses connected to the arrest may also be questioned.
About the Attorney
Founding Attorney, The Wiseman Law Firm
Simon Wiseman brings more than 23 years of criminal defense experience to Central Florida, including as a former state prosecutor who handled nearly 40 jury trials in Orange County. He applies that insider knowledge of prosecution strategy to DUI defense and administrative license hearings today.