Our Florida DUI Attorney Explains the 10-Day Rule in DUI Arrests


man-holding-head-behind-steering-wheel-police-lights-rear-windowBeing arrested for driving under the influence (DUI) in Florida is stressful and overwhelming. One crucial aspect of a Florida DUI arrest that many people may not be aware of is the 10-day rule that dictates the time you have to take action for a DUI arrest. In Florida, you have only ten days from the date of your DUI arrest to take action to protect your driving privileges. Failing to adhere to this DMV rule can result in your driver's license being suspended. The skilled Florida DUI lawyers at Flaherty & Merrifield can help you understand this rule and how it applies to your case.

Options Under Florida's 10-Day Rule

Your ability to drive is essential for many aspects of your daily life, from commuting to work to running errands and caring for your family. If you do not take the required action within the 10-day window, it can lead to an automatic suspension of your driver's license, making it challenging to maintain your regular routine. For those arrested for a DUI in Florida, there are several options under the 10-day rule:

  • Request a formal review hearing. One option is to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The hearing is an opportunity to dispute the suspension of your driver's license. It's essential to have legal representation during this process, as the outcome can significantly impact your ability to drive legally. Driving with a suspended license can result in additional legal troubles, including fines, probation, or even jail time.
  • Choose a temporary driving permit. If you elect to request a formal review hearing, you may also choose to apply for a temporary driving permit. This permit allows you to continue driving while awaiting the hearing's outcome. Again, it's crucial to consult with a DUI defense attorney to understand your eligibility for this permit and navigate the application process successfully.
  • Do nothing. Unfortunately, some individuals facing a DUI arrest may choose to do nothing or miss the 10-day deadline. This is a risky approach because it almost guarantees a suspension of your driver's license. Driving with a license that is suspended can lead to further legal troubles and worsen the consequences of your DUI arrest.

Why You Need to Hire an Experienced Florida DUI Attorney ASAP

Navigating the complexities of a DUI arrest in Florida, especially under the 10-day rule, can be challenging without proper legal guidance. Here's why finding an attorney as soon as possible is crucial:

  • Providing legal expertise. DUI laws in Florida are intricate and subject to change. An experienced DUI attorney is well-versed in the latest laws, regulations, and legal strategies related to DUI cases. They can provide invaluable legal guidance and representation and explain your options under the 10-day rule.
  • Protecting your rights. A skilled DUI attorney will protect your rights throughout the legal process. They can review the circumstances of your arrest, the evidence against you, and any potential violations of your rights that may have occurred during the arrest.
  • Building a strong defense. Crafting a strong defense strategy is essential to achieving the best possible outcome in your DUI case. An attorney can analyze the evidence, challenge the prosecution's case, and work to have the DUI charges reduced or dismissed.
  • Navigating the 10-day rule. Understanding the intricacies of the 10-day rule after a DUI arrest in Florida is essential, and an attorney can guide you through the process. They will help you request a formal review hearing, complete the necessary paperwork, and represent you during the hearing.
  • Providing peace of mind. By taking prompt action under the 10-day rule and consulting with an attorney at Flaherty & Merrifield, you can have peace of mind knowing that you are doing everything possible to protect your driving privileges and your future. 
Tim Flaherty
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Florida Criminal Defense Attorney