When arrested for DUI in Florida, you have to deal with two cases in one. The first concerns your driving privileges, and the second concerns criminal charges and penalties. Florida’s 10-day rule—the focus of this article—represents the time that you have following your arrest to maintain all or a portion of your driving privileges. Here’s what this means for you.
A Florida DUI Arrest Equals An Automatic Suspension
Your Florida driver’s license will be suspended if you are arrested for DUI, whether it is because your blood alcohol concentration (BAC) exceeded the legal limit of .08%, in which case the suspension is typically six months, or because you refused to submit to a breathalyzer test, in which case the suspension is typically 12-18 months.
For the 10 days following your arrest, if eligible, your DUI citation will serve as a temporary permit that enables you to drive to maintain your livelihood. This means that you will be able to commute to work, school, the doctor’s office and other specified locations. At the expiration of this 10-day period, depending on your actions, your license will either be reinstated, suspended with certain privileges, or completely suspended.
Your Choices During The 10-Day Period
You could challenge your administrative suspension by requesting a formal or informal review with DHSMV. You will typically be granted a temporary license which is good for 42 days as long as your license was valid at the time of your arrest. At the administrative hearing, a determination is made as to whether the police officer, among other things, had probable cause to arrest you. If you win, your license will be reinstated. If you lose, then at the end of the 42-day period, you cannot drive at all for 30 to 90 days (known as a “hard suspension”) before becoming eligible for a hardship BPO license.
If this is your first DUI, you could alternatively seek a BPO license right away by foregoing a formal or informal review; however, this means that you would not be contesting the suspension. Also, you will have to be enrolled in a DUI school as a prerequisite.
Finally, if you do nothing during the 10-day period, your license could be completely suspended for at least six months. Your criminal history and the nature of your arrest determines the actual suspension period imposed.
Hiring A Florida DUI Attorney Is A Wise Decision
It is completely understandable for you to be worried and confused about the future of your driving privileges following a DUI arrest. Getting arrested is bad enough; however, sleeping on the 10-day rule following your arrest can cause things to go from bad to worse. At Law Offices of Greg Rosenfeld, P.A., we have helped many Floridians protect their driving privileges after a DUI arrest, and we are prepared to take the necessary steps to help you obtain a favorable outcome in your matter. Reach out to us at (561) 902-1122 or contact us online for a free consultation today.