10-Day Rule in Florida DUI Cases

The clock is ticking. You must act quickly following a DUI arrest. If you had a breath/blood alcohol reading of .08 of above your license will be suspended immediately. If you refused to take a breath, blood or urine test, your license will be suspended immediately. Once you have been arrested for DUI, you only have 10 days to challenge the administrative suspension of your driver’s license. The administrative suspension of your license and taking steps to challenge it is separate and distinct from your criminal case for DUI. The criminal portion of DUI is handled in criminal court.

Recent changes in Florida legislation provide you with options for challenging the administrative suspension of your driver’s license and for retaining your driving privileges. When arrested and charged with DUI, time is of the essence and finding a lawyer to help you navigate the murky water is crucial to ensuring your rights are protected in both Criminal Court and in challenging the Administrative Suspension of your driver’s license.

A DUI lawyer in Miami will be able to help you immediately request a formal review hearing with the DMV and help you fight to preserve your right to continue driving after a DUI arrest.

Your DUI citation, will serve as your temporary driving permit for 10 days. You will be allowed to drive on a restricted basis, or for “business purposes only.” This is also known as a ‘C’ restriction on your license, meaning “business purpose only” allows to drive to and from work, shopping for groceries, going to church, court or your lawyer’s office. If you request a formal review hearing and your license was valid at the time of arrest, you will be issued a permit to continue driving on a restricted basis for an additional 42 days.

The 10-day rule imposes a very tight window during which you may take action. Hiring a DUI attorney is imperative to protect your ability to continue to drive by challenging the suspension of your license.

You need a DUI lawyer that will handle all aspects of your case. Call, (305) 707-7345 for a confidential consultation so I may help you challenge the suspension of your license and to discuss your case, goals and potential defenses.