Florida’s DUI 10-Day Rule & BAR Formal Review (Tampa)
Request Free ConsultationProtect your license—act within 10 days.
A DUI arrest usually comes with a notice of suspension and a 10-day temporary permit (non-commercial).
You have 10 calendar days to request a formal or informal review with Florida’s Bureau of Administrative Reviews (BAR); if you don’t, the temporary permit expires at midnight on day 10 and the administrative suspension takes effect.
Statute: Florida Statute §322.2615 • Overview: FLHSMV – DUI & Administrative Suspension Laws
Why Franchi Law for this step: Led by William Franchi — former Hillsborough County Sheriff’s Office deputy turned defense attorney — we understand both roadside procedure and BAR hearing strategy.
Bio/background: Franchi bio • TampaStyle profile
What the 10-Day Deadline Means
- The clock starts the date the notice of suspension is issued.
- You (or your lawyer) must request review within 10 days.
- The 10-day permit is for non-CMV driving and expires at midnight on day 10. Sources: §322.2615 • FLHSMV overview
- Criminal + administrative tracks now run together (2025 update). For arrests on or after Oct. 1, 2025, refusing a lawful breath or urine test can bring a criminal charge under §316.1939 and the admin suspension process under §322.2615. The 10-day BAR deadline still applies.
How We File Your BAR Request (Step-by-Step)
- Draft & file the written demand for formal (or informal) review with BAR.
- Attach a legible copy of your notice/citation and required documents.
- Pay the fee and confirm receipt/scheduling with BAR – Tampa.
- Strategy: we preview discovery (stop, FSTs, testing) and plan subpoenas where appropriate.
Forms: HSMV 78065 – Review Request (PDF) • HSMV 78306 – Application for Administrative Hearing (PDF)
Temporary/Hardship Permits While You Wait
If eligible, you may drive on a temporary or hardship permit while the review is pending (non-CMV). We’ll guide prerequisites like DUI school.
Overview: FLHSMV – DUI & Administrative Suspension
What Happens at the Formal Review Hearing
A BAR hearing officer evaluates whether the stop, testing, and procedures met statutory requirements. Possible outcomes: sustain, amend, or invalidate the suspension.
Statute: §322.2615
Refusal vs. BAC ≥ .08: Suspension Differences
Refusals and per-se .08 cases have different suspension lengths and reinstatement paths. We explain which applies and how to contest it under Florida law.
Statute: §322.2615
Tampa BAR Office (Where to Go/Contact)
Bureau of Administrative Reviews – Tampa
2814 E. Hillsborough Ave., Tampa, FL 33610 • (813) 276-5795 • TampaBAR@flhsmv.gov (see site for current hours/contacts).
Source: FLHSMV – Hillsborough Locations
What to Bring and Expect (Checklist)
- Government ID and copy of your citation/notice
- Any medical info relevant to field testing
- Proof of DUI school enrollment if seeking certain permits
- Witness names; receipts/timelines from the night
(We’ll advise whether you must attend; counsel can often appear for you.)
FAQs: Administrative Suspension
Is a first refusal now a crime?
Yes—first refusals on or after Oct. 1, 2025 are second-degree misdemeanors under §316.1939; later refusals are first-degree misdemeanors. The 10-day BAR deadline still applies.
Do weekends count in the 10 days?
Yes—calendar days.
Can I drive to work while waiting?
If eligible, a temporary/hardship permit may be available (non-CMV).
Which form do I use?
Where is my hearing?
BAR – Tampa, 2814 E. Hillsborough Ave.
Next Step: Talk With a Tampa DUI Lawyer
We can file your BAR review today. With a former HCSO deputy leading your defense, you’ll understand every option and deadline.