At Carlson Meissner Hayslett, P.A., our DUI defense attorneys have represented thousands of clients across Clearwater, Tampa, St. Petersburg, New Port Richey, Spring Hill, and Bradenton. One of the most frequent points of confusion after a DUI arrest is this:
“The officer told me my license is suspended, but I have a temporary driving permit. Can I really drive?”
The short answer is yes — but with limits. A temporary driving permit issued by the Florida Department of Highway Safety and Motor Vehicles (DHSMV), through the Bureau of Administrative Reviews (BAR), is a valid license. However, it is almost always restricted to Business Purposes Only (BPO).
Unfortunately, many law enforcement officers do not understand this. They run your license in DAVID, Florida’s Driver and Vehicle Information Database, see “suspended,” and assume you’re breaking the law. This misunderstanding can lead to wrongful stops, unnecessary confrontations, and even improper arrests.
This blog post explains the full story: how the permit works, what “BPO” means, what DAVID shows, why officers get it wrong, and how we help clients navigate the process.
The DUI Suspension Process in Florida
When you’re arrested for DUI, two things happen at once:
- The criminal case – handled in county court.
- The administrative suspension – handled by DHSMV.
The arresting officer seizes your plastic license and issues you a citation that doubles as a 10-day temporary driving permit. That permit is valid for 10 days from the date of arrest.
You then have 10 calendar days to request a Formal Review Hearing with the Bureau of Administrative Reviews. If you request the hearing, BAR must schedule it within 30 days. While the hearing is pending, BAR has the power to issue a temporary driving permit.
The Law Behind the Permit
The authority for these permits comes directly from Fla. Stat. § 322.2615(9), which provides:
“If a request for a formal review is made, such request shall not stay the suspension of the license, but a temporary permit shall be issued by the department if the driver is otherwise eligible. The permit shall be valid until the department has rendered a decision.”
Additionally, Fla. Stat. § 322.15(1) requires drivers to carry and exhibit a “driver license” on demand. A temporary driving permit is legally recognized as a driver license during its validity period.
Business Purposes Only (BPO): What It Really Means
Here’s the key point: the permit is not unrestricted. Almost all temporary permits are issued with a Business Purposes Only (BPO) restriction. Florida law defines this in Fla. Stat. § 322.271(1)(c)1:
“A driving privilege that is restricted to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.”
What You Can Do on a BPO Permit:
- Commute to and from work.
- Drive as part of your job duties (sales calls, deliveries, job sites).
- Travel to and from school, college, or training.
- Go to medical appointments, hospitals, or pharmacies.
- Attend religious services.
What You Cannot Do on a BPO Permit:
- Go shopping for non-essential purposes.
- Drive to the gym, a bar, or a friend’s house.
- Take a vacation road trip.
- Use the vehicle for purely recreational or social activities.
- If you drive outside of BPO restrictions, you risk being charged with Driving While License Suspended (DWLS), which is a separate criminal offense.
Why DAVID Creates Confusion
DAVID (Driver and Vehicle Information Database) is the secure database Florida law enforcement officers use to check licenses and registrations. When an officer runs your license, DAVID will almost always show “suspended” because it reflects the underlying administrative suspension.
DAVID does not automatically display the fact that BAR issued you a temporary driving permit. To the untrained officer, the DAVID result looks like you cannot drive. In reality, if you hold a valid BAR-issued permit, you are driving legally — so long as you stay within the BPO restrictions.
This is where problems arise: many younger or less experienced officers have never been trained on how temporary permits interact with DAVID. The result is mistaken assumptions, wrongful traffic stops, and unnecessary stress for drivers.
A Practical Example
- Day 0 (DUI arrest): License seized; officer issues 10-day temporary permit.
- Day 1–10: Driver is legally allowed to drive anywhere (unrestricted) on the 10-day permit.
- By Day 10: Driver requests a Formal Review Hearing with BAR.
- Day 11 onward: BAR issues a temporary driving permit. This permit is valid until the review decision — but it is restricted to Business Purposes Only.
- DAVID status: Still shows “suspended.” But the physical permit proves lawful BPO driving privileges.
Why This Matters for DUI Defense
At Carlson Meissner Hayslett, we regularly see clients pulled over because DAVID said “suspended” even though they held valid BAR-issued permits. These misunderstandings can lead to new charges or complications in your DUI case.
Our attorneys know how to:
- Secure your temporary driving permit quickly.
- Explain to clients exactly what BPO means in day-to-day life.
- Defend against improper citations or stops based on officer confusion.
- Protect your driving privileges in both the criminal and administrative arenas.
Frequently Asked Questions (FAQ)
Q: Can I drive to the grocery store on a BPO permit?
A: Only if it’s directly related to maintaining your livelihood. Routine shopping for personal convenience is not permitted.
Q: What happens if I get pulled over and DAVID shows “suspended”?
A: You must present your temporary permit. That document is your legal license. Without it, the officer may assume you are driving illegally.
Q: Is church really covered under BPO?
A: Yes. Florida law specifically lists church attendance as a valid reason to drive under BPO restrictions.
Q: How long does the temporary permit last?
A: It is valid until the Bureau of Administrative Reviews makes a decision in your case. This could be weeks or months, depending on scheduling.
Q: What if I miss the 10-day deadline to request a review?
A: You lose the ability to get a BAR-issued temporary permit. At that point, you may only be eligible for a hardship license after meeting DUI school requirements.
Bottom Line
A temporary driving permit after a DUI arrest in Florida is a valid driver’s license, but it comes with strict Business Purposes Only restrictions. That means you can drive for work, school, church, or medical needs — not for leisure or recreation.
Even though DAVID may show “suspended,” your temporary permit controls. If you are carrying it and driving within BPO limits, you are driving legally.
At Carlson Meissner Hayslett, P.A., our DUI defense team helps clients in Clearwater, Tampa, St. Petersburg, New Port Richey, Spring Hill, and Bradenton protect their driving privileges, secure their permits, and fight both the administrative suspension and the criminal DUI charge.
Contact us today for a free consultation — let us protect your license, your livelihood, and your future.
