The officer took my license. How do I get it back?


Florida law allows the arresting officer now to physically take possession of your driver's license if you've either refused a breath or blood test or you've taken the breath test and blown over the legal limit, which is .08. If your license is valid, the ticket serves as a permit for 10 days. Now, for first offenders, you have the option within that first 10 days to sign up for a DUI class and go down to the Department of Motor Vehicles and waive a formal review process, which means you're not going to fight the suspension. If you have a prior DUI offense or have gone through the system before, you're going to be forced, then, to file for what's called a formal review. That means you're asking the Department of Motor Vehicles to convene a hearing to challenge the legal nature of the taking of your license.

When you do that, the formal review request, they will issue you 42-day permit that extends after the 10 days, and the DMV will make a determination whether you get your license back or not. If you're a first offender and you sign up for the DUI school and waive the process, you go immediately into a hardship license for the balance of the six or 12 months if you've blown over the legal limit or one year or if you've refused a breath test.