DUI & Your Driver's License

Is the DMV hearing the same as my criminal case?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
No. They're separate proceedings with different deadlines, different standards, and different outcomes — and one doesn't decide the other.

This confusion causes real damage, because people assume that handling the criminal case handles everything.

The administrative suspension is imposed by the department, not by a court. It begins at arrest. It's reviewed by a hearing officer, not a judge. The standard of proof is lower than in criminal court, and the question is narrower — whether the suspension was properly imposed, not whether you're guilty of anything.

The two run on entirely different clocks. Ten days for the administrative review; weeks or months before anything happens in criminal court.

They also produce independent results. A dismissal of the DUI doesn't automatically undo an administrative suspension, and winning the administrative hearing doesn't dispose of the criminal charge. Since Trenton's Law, the refusal charge is a third matter running alongside both — and the statute expressly provides that the criminal case and the administrative proceeding don't determine each other.

Three clocks are running from one arrest. The shortest one is ten days. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.