Can a Cop Take Your License in Florida?

Yes, a police officer in Florida can take your driver's license under specific circumstances, particularly when there is an administrative suspension of your driving privilege.

When an Officer Can Take Your License

Under Florida law, specifically Florida Statute Section 322.2615, an officer is mandated to take a person's driver's license if they are issuing a notice of suspension. This is part of an administrative process, often associated with incidents that trigger an immediate suspension of driving privileges by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), rather than a court conviction.

Here's a breakdown of the process:

• Officer Takes License: The officer shall physically take your driver's license.
• Issues Temporary Permit: If you are otherwise eligible to drive, the officer shall issue you a temporary permit valid for 10 days. This allows you a short period to drive legally while the administrative process begins.
• Issues Notice of Suspension: The officer shall also provide you with a formal notice of suspension. This document explains why your license is being suspended and typically outlines your rights, such as the right to request an administrative review hearing.

This action is distinct from a license being revoked by a court as part of a criminal conviction. It's an administrative action taken by law enforcement on behalf of the DHSMV.

Common Scenarios Leading to License Being Taken

While the statute doesn't list specific offenses, the most common scenario where an officer takes a license and issues a temporary permit is related to Driving Under the Influence (DUI) arrests.

For example:

• Refusal to Submit to a Test: If you are lawfully arrested for DUI and refuse to submit to a breath, blood, or urine test, your license will be administratively suspended.
• Failing a Test: If you submit to a breath test and your Blood Alcohol Content (BAC) is .08% or higher, your license will also be administratively suspended.

In these situations, the officer will confiscate your physical driver's license, issue the 10-day temporary permit, and provide the notice of suspension. The temporary permit gives you time to request a formal review hearing to contest the administrative suspension. Failure to request this hearing within the 10-day window (or a shorter specified period) usually results in the full administrative suspension taking effect.

What Happens After Your License is Taken?

After an officer takes your license and issues the temporary permit and notice of suspension, your next steps are crucial.

Here's a general overview:

• Review the Notice of Suspension: Carefully read the notice provided by the officer. It will contain important information regarding the reason for the suspension, the duration, and your rights.
• Understand the Temporary Permit: The 10-day temporary permit allows you to drive legally for that period. Mark the expiration date clearly.
• Request an Administrative Hearing: To challenge the administrative suspension and potentially get your driving privileges reinstated, you must typically request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within a very short timeframe (e.g., 10 days) from the date of the incident. This hearing is separate from any criminal court proceedings.
• Seek Legal Advice: Given the complexities of administrative license suspensions and potential criminal charges, it's highly advisable to consult with a Florida attorney specializing in traffic law or DUI defense immediately. An attorney can help you understand your rights, navigate the administrative hearing process, and represent you.

Summary of Officer's Authority

The table below summarizes the key actions an officer takes when confiscating a driver's license in Florida under specific administrative circumstances:

It is important to understand that the officer is acting according to specific state laws that govern how administrative license suspensions are handled. For more detailed information on Florida's driving laws, you can refer to the official Florida Statutes: Florida Statute Section 322.2615.