What Is the 10 Day Rule for DUI in Florida?

If you’ve been arrested for a DUI charge in Florida, your driver’s license will be immediately suspended and could remain so for six months to a year. Following your arrest, Florida provides a 10-day period during which you can take certain actions to protect your driving privileges. So, what is the 10-day rule for DUI in Florida?

Florida’s 10-Day Rule for DUI

When you are arrested for driving under the influence (DUI), law enforcement will take administrative action to immediately suspend your license and will issue you a 10-day temporary driving permit.

Within those 10 days, you have the opportunity to request a Formal Review Hearing of your DUI arrest with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to contest the suspension. Winning this hearing could result in having your license fully restored and other sentences lessened.

If you do not request a hearing within the 10-day window, the suspension will go into full effect for between 6-12 months, depending on the circumstances of the charge. An experienced Tampa DUI attorney can help you process this paperwork with the FLHSMV and restore your driving privileges after your DUI offense.

Request a Formal Review Hearing

After a DUI arrest, law enforcement will issue a Notice of Suspension, which functions as a temporary driving permit lasting 10 days. This permit allows you to drive for any purpose until the suspension officially begins. Florida provides only this 10-day window to apply for a hearing with the FLHSMV. There are two types of hearings for which you can apply:

• Informal hearing: An informal hearing is simply a review of both your written arguments and the documents filed after the arrest. This provides a simpler method for contesting the suspension and does not take place live.
• Formal hearing: A formal hearing involves a live proceeding with a hearing officer during which you present or challenge evidence and arguments. This can be done in person or virtually.

If the hearing officer finds that law enforcement improperly handled procedures during your arrest or that there was insufficient evidence to support the suspension, the suspension could be invalidated and your full driving privileges would be restored.

Apply for a Hardship License

In addition to requesting a hearing, you also have the option to apply for a hardship license. This is a restricted license in Florida that allows those with a suspended or revoked license to drive for essential purposes only.

There are two types of hardship licenses available in Florida:

• Employment Purposes Only (EPO): This license allows you to drive to and from work or to work-related events. This type provides no additional allowances for personal errands.
• Business Purposes Only (BPO): In addition to work, this license permits you to drive to school, medical appointments, religious services, and certain necessary family duties, such as travel for childcare or shopping for groceries.

To be eligible for a hardship license, you must complete a DUI program or other required course and apply with the FLHSMV. Not all suspensions are eligible for a hardship license.

Take Immediate Action After a DUI Arrest

Immediately following a DUI arrest in Florida, it’s in your interest to act quickly. You can start by hiring a DUI attorney to help you navigate the 10-day rule and address charges brought against you in a timely manner.

Your attorney can help you collect evidence and prepare for your review hearing to argue your case or help you file for a hardship license. Make sure you and your attorney fill out all required forms and submit them within the 10-day window, along with the filing fee.

A DUI attorney can help protect your rights and provide an opportunity to get your license reinstated. They will prepare a strong defense using the evidence and documentation from your arrest and work to get the charges dropped entirely or reduced.

FAQs

Q: Do You Lose Your License Immediately After a DUI in Florida?

A: Yes, immediately following your DUI arrest in Florida, your license will be revoked. If the officer issues the DUI test at your arrest and finds that your blood alcohol level is 0.08% or higher, your license suspension will be in effect for six months. If you refuse to test, your license will be automatically suspended for one year. Your arresting officer can grant you a Notice of Suspension, which allows you limited driving privileges for 10 days.

Q: What Is the 10-day Rule in Florida?

A: The 10-day rule in Florida refers to the small window of time immediately following your DUI conviction when you are able to request a hearing for your case. A hearing gives you a chance to contest the charges and challenge evidence. If you win your hearing, your license could be fully reinstated. Losing the hearing will keep the suspension in place, though you can apply for a hardship license that would let you get to and from work.

Q: How Do You Get a DUI Dismissed in Florida?

A: You can challenge a DUI charge in Florida if the law enforcement officer did not have a valid reason to pull you over or if you suspect an inaccuracy in the blood test, breathalyzer results, or sobriety testing. You might also question the officer’s overall credibility and request a review of their testimony and procedure. A Tampa DUI attorney can help you determine your options, providing counsel on how to request a hearing with the FLHSMV.

Q: What Can a DUI Be Reduced to in Florida?

A: A DUI charge could be reduced to a reckless driving charge, which would incur fewer points on your driver’s license, fewer fines, and a lower sentence or no jail time at all. In some cases, with strong evidence, a DUI charge could be dropped entirely. A DUI attorney can review your case and determine the possibility of having your DUI charges reduced in Florida.

Contact an Experienced DUI Attorney in Florida

When you’ve been charged with a DUI, it’s important to act fast. Because of the seriousness of a DUI charge, you need an experienced attorney on your side. The attorneys at Paul Figueroa Law hold extensive knowledge of Florida DUI law and have experience navigating the review process with the FLHSMV. Contact a member of our team today.