Florida officers would, in all likelihood, confiscate your license if you were arrested for driving while under the influence. However, getting arrested again for driving without a license would probably be the least of your worries at this point. If you were eligible to drive — that is, if there were no reason that your license should be suspended — then the police would issue you several documents, including a notice of suspension and a temporary license.
Temporary is the key word in this case. According to the statutes published by the Florida State Legislature, your temporary license would last only 10 days. During this 10-day period, you would have to act quickly if you wanted to have any chance of avoiding the stress, frustration and ignominy that a suspended license often entails.
One option you might consider in this situation would be to call for a formal hearing. During this proceeding, a hearing officer would act as a sort of judge to consider various factors of the arrest:
- Your control over the vehicle
- Whether you refused a BAC test
- The constitutionality of your search and arrest
- The testimony of witnesses to whom you issue a subpoena
In short, you would probably be able to drive after your release from police custody following a DUI arrest. However, that driving privilege would only last 10 days before your temporary license expired and your suspension began. You could potentially use this short time period to call for a review of your suspension. Your situation could be different depending on your record, so please think of this only as general information. It is not meant as specific legal advice.