En esta noticia
In Florida, driving with a blood alcohol level of 0.08% or higher can lead to an administrative driver’s license suspension for six months.
Section 322.2615 of the 2026 Florida Statutes governs this suspension and the right to request a review. It also distinguishes between cases in which an illegal alcohol level is detected and those in which the person refuses to take a legally requested test.
When the six-month suspension applies and when it increases to a year
If the person is driving or has actual physical control of a vehicle with the stated alcohol level, the law provides for a six-month suspension in the first instance.
Section 8(b) says the period increases to a year if the driver’s license had already been suspended under that section for driving with an illegal alcohol level.
What happens to the license and when the suspension begins
The section says the officer must take the license and issue a notice of suspension. The suspension period begins on the date that notice is issued.
If the person qualifies to temporarily keep the driving privilege, the officer must issue a 10-day temporary permit. That document expires at midnight on the 10th day after the notice is issued.
The law also covers cases in which a blood test was done; the results must be sent to the department, which will determine whether the suspension applies.
How long a driver has to request a review
The driver may request a formal or informal review within 10 days after the notice of suspension is issued.
An informal review involves examining the documents submitted by authorities and by the person affected, without requiring officers or witnesses to appear. If a formal review is requested, the department must schedule a hearing within 30 days of receiving the request.
The law makes clear that requesting a review does not, by itself, suspend the measure. As a result of the process, the authority may uphold, modify or invalidate the suspension.
What changes if the person refuses to take the test
Refusing a legally requested breath, blood or urine test carries different time periods:
- One year for the first refusal.
- 18 months if there is a prior suspension for refusing those tests.