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How long is a license suspended for refusing a breath test
Section 1(b) of Section 322.2615 sets out two suspension periods, depending on the driver’s record:
- First refusal: suspension of the driving privilege for one year.
- Second refusal: suspension for 18 months if the license had already been suspended before for refusing this type of test.
The rule covers refusals to submit to lawful breath, blood or urine tests. It also makes clear that the suspension period begins on the date the official notice is issued.
Can the suspension be appealed?
Drivers who receive a suspension notice may request a formal or informal administrative review with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
But there is a deadline they must keep in mind: the request must be filed within 10 days after the suspension notice is issued, according to Section 322.2615(1)(b)(3).
During that process, authorities may review the documents submitted and the arguments from both the officer and the driver to determine what to do with the measure.
It is worth noting that requesting review does not automatically stop the suspension.
What happens to the license during the first 10 days of suspension
When the officer issues the suspension, he or she must take the driver’s license and, if the person qualifies, give them a temporary driving permit. This document expires at midnight on the 10th day after the notice is issued.
That means the driver does not necessarily lose the ability to drive right away, but must pay attention to the permit’s expiration date. Once that period ends, they can no longer drive under that document.