Can You Keep Driving After a DUI Arrest in Florida?
A little tip if you’ve recently been arrested for DUI. Your driver’s license was probably suspended at the scene, but here’s something most people don’t realize: you can keep driving after a DUI arrest in Florida for ten full days afterward. That little piece of paper that looks like a speeding ticket — your DUI citation — actually serves as your permit to drive for business purposes only during that window.
Review our hardship license Orlando FL resource for the requirements and procedural steps involved in seeking restricted driving privileges after an arrest.
I say business purposes because that term has a specific legal meaning, and it’s narrower than most people assume.
Arrested for DUI? The Clock on Your License Is Already Running.
You have 10 days to protect your driving privileges, and the decisions you make in that window matter. Call John Guidry at (407) 423-1117 before that window closes.
What “Business Purposes Only” Actually Covers
During those 10 days, your citation lets you drive to work, to school, or to the doctor. Those are the kinds of destinations that qualify. What it doesn’t cover is everything else most people use a car for day to day — running errands, going out with friends, taking a weekend trip. The permit exists to keep you functioning, not to keep you free to drive wherever you want.
This is Florida. You have to drive. There’s no real public transit alternative in most of Central Florida, and ten days isn’t enough time to restructure your entire life around not having a car. So naturally, the next question becomes: how do you keep driving once that ten-day window closes?
What Happens at Day 10
To keep driving beyond those ten days, you need to act fast. Specifically, you need to apply for a hardship license within that same ten-day period. If you let the window close without acting, you lose the option to apply for relief on your own timeline, and the suspension simply takes hold.
Once you receive a hardship license, it lets you keep driving for business purposes throughout your entire suspension period, whether that’s six months for a first offense involving a breath test over .08, or a full year if you refused testing. It doesn’t restore your full driving privileges. It just extends that same limited, business-purposes-only permission for as long as the underlying suspension runs.
The Decision You Actually Have to Make
Here’s where this gets more complicated than people expect, and where I tell every client the same thing: talk to an attorney before you decide. You have two real paths within that ten-day window, and they lead to very different outcomes.
The first path is requesting a formal review hearing to fight the administrative suspension itself. If your attorney can show the stop was unlawful, that you didn’t actually refuse testing, or that the breath test results don’t hold up, you might get the suspension thrown out entirely. That’s obviously the better outcome if it’s available to you.
The second path is waiving that hearing and applying directly for a hardship license. This gets you back on the road faster, but it means giving up your shot at challenging the suspension on the merits.
Some of you may not want to apply for a hardship right away. You may want to fight the suspension instead, and that decision genuinely depends on the facts of your stop, your test results, and your prior driving history. It’s tough to give a one-size-fits-all answer here, because what’s right for one person’s case is wrong for the next person’s. That’s exactly why this conversation needs to happen with an attorney who can actually look at your facts before you commit to either path.
If You Want More Related Content
If you’d like to dig deeper into this topic, I’ve covered how the license fight and the criminal DUI case run as two separate battles that both start the moment you’re arrested.
Watch: Two Battles, One DUI: Save Your License After a DUI
I’ve also written a detailed FAQ covering exactly what to do if your license was suspended after a DUI arrest, including the specific paperwork and offices involved.
Read: https://jgcrimlaw.com/articles/motion-to-suppress-dui-florida-duke-v-state/
John’s Takeaways
- Your DUI citation works as a 10-day driving permit, valid for business purposes only — work, school, and medical appointments.
- You must act within those 10 days to protect your license beyond that window. Apply for a hardship license, or request a formal review hearing, before the deadline passes.
- A hardship license extends business-purposes-only driving through your entire suspension, whether that’s six months or a full year.
- Fighting the suspension and applying for a hardship are two different paths, and choosing the wrong one can cost you options you didn’t realize you had.
- This decision depends entirely on your specific facts. Talk to an attorney before the 10 days run out, not after.
Don’t Let 10 Days Slip By
I’ve spent over thirty years helping clients figure out whether to fight a license suspension or take the faster path to a hardship license, and the right call depends entirely on the facts of the stop. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
If you were arrested for DUI, don’t wait to figure out your next move. Call my office, and let’s talk through your options before the clock runs out.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.