If you’ve been accused of driving after drinking too much alcohol in Florida, it’s very important to act fast to keep your driving license. When charged with driving under the influence (DUI) in Florida, you could face big problems, like having your driving license taken away. But having a dedicated DUI lawyer to guide you through your case can make a big difference and make it less overwhelming. Our seasoned DUI attorneys from Fletcher & Fletcher can offer you support and reassurance during this tough time.
In this blog post, we’ll talk about what happens right after you get arrested for DUI, what to expect after you get out of jail for DUI, and what happens to your license if it’s your first, second, or third time getting caught. We’ll also explain how the 10-day rule can impact your DUI case.
How Does the 10-Day Rule Work and What Does It Mean for Your DUI?
In Florida, dui arrest that includes a blow over .08 or a refusal to blow or give urine or blood immediately suspends your licensee, but you get a 10-day window to drive with your DUI ticket as a permit. Within these days, you can request a hearing to challenge the arrest’s validity. This hearing determines if your suspension will be upheld or reversed. You have the option to present evidence and contest the suspension or forego the hearing for an immediate hardship license for necessary driving. It’s important for anyone arrested for DUI to remember there are usually ways to work towards getting your license back, such as hiring the right lawyer in Florida to defend your case.
Obtaining a Hardship License
If your license has been suspended after an unlawful blow, refusal, or If you’re convicted of DUI, you might still be able to get a ‘hardship’ or restricted license, which lets you drive for necessary reasons like work, school, or other critical activities. The rules for this kind of license are strict because they aim to keep everyone safe.
Repeat DUI offenses increase the difficulty of obtaining this license: a second offense within 5 years leads to a five-year suspension, a third offense within 10 years leads to a ten-year suspension, and a fourth could permanently revoke driving privileges. With multiple DUIs, you typically can’t get a hardship license in the first year of suspension. After a second DUI, there’s a one-year wait to apply for essential use, and after a third DUI, the wait extends to two years.
What Happens Immediately After Being Arrested for a DUI?
If this is your first DUI arrest, you should follow the officer’s commands, stay quiet to avoid self-incrimination, politely refuse field sobriety tests, don’t admit guilt, and quickly seek a DUI attorney’s help for guidance and to protect your rights.
After your arrest, the police will take you for processing, which includes fingerprinting, taking your photo, and a breath test. If your breath test shows a blood alcohol level over the legal limit (0.08%), you might have to stay in jail until you’re sober or can pay bail.
What Happens After You Have Been Bailed Out of Jail for a DUI?
After you get out of jail for a DUI, the Department of Highway Safety and Motor Vehicles (DHSMV) will send you a notice that your driver’s license is going to be suspended. You have 10 days from your arrest to ask for a formal hearing to review this suspension.
Here’s what to do right after you’re released:
- Get a Trusted Lawyer: Contact a DUI lawyer quickly. They can guide you through your options and the legal steps, represent you in court, and aim to reduce the impact of your DUI arrest.
- Write Down Everything: Record all you remember about what happened before and during your arrest—where you were, what you did, and how the arrest went down. This info can be crucial for your defense.
- Follow All Court Instructions: If you were let out on bail or bond, be sure to do everything the court says, like showing up for your court dates. Not doing so can make things worse for you.
- Keep Quiet About Your Case: Don’t talk about your case with anyone but your lawyer. What you say to others can be used in court against you. So, it’s smarter to stay quiet about the details.
Remember, acting quickly and wisely after a DUI can make a big difference in how things turn out. It’s about taking the right steps to protect your future.
How a Florida-Based DUI Attorney Will Fight to Protect Your Rights
Hiring a skilled and determined DUI defense lawyer with years of experience in handling DUI cases can be crucial in achieving the best outcome for your case, such as working towards getting your license back if possible.
Police must follow strict rules to make sure they respect everyone’s rights. Some issues that could question the validity of a DUI arrest and the suspension of your license include:
- Unlawful or doubtful traffic stops
- Inconsistent evidence or statements from witnesses
- Faulty field sobriety tests (FSTs) due to incorrect performance or instructions
- Mistakes in blood alcohol content (BAC) testing
- Errors with BAC test equipment, like malfunctions or calibration issues
- Not conducting the test within the required timeframe
Before the 10-day driving window closes, your lawyer can submit documents to question the arrest and suspension of your license and can also secure a temporary driving permit for you. This permit can extend your driving ability for up to 42 additional days. During this period, your lawyer can arrange more hearings aimed at fully restoring your driving privileges.
Contact Fletcher & Fletcher Today
Knowing how things work and getting legal assistance can help you keep your driving rights and move through the legal system efficiently. If you’re dealing with DUI charges in Florida, talking to a knowledgeable DUI lawyer who can answer your questions and address your concerns is key to knowing what you can do.
If a DUI charge in Florida is putting your ability to drive at risk, contact our DUI defense attorneys, Rick & Jenna Fletcher, as soon as you can. Let us start building your defense; call us to schedule a free consultation at (727) 369–9850. Wherever you are in Florida, we’re here to offer the support you need every step of the way.
