There are many factors that affect your penalties after a DUI arrest in the state of Florida. These might include the amount of a substance in your bloodstream, the substance used, prior conviction record and more. These elements, or a combination of them, can lead to a variety of penalties – even the loss of driving privileges.
However, if you act quickly and accordingly, you may be able to retain your driving privileges. Our team of defense attorneys at Fletcher & Fletcher breaks down the 10 day rule that outlines the path forward after a DUI arrest in Florida. Keep reading to learn more from our Florida-based team of criminal defense attorneys.
Will I lose my driving privileges after being arrested for a DUI in Florida?
It’s the first thing that many people wonder after being arrested for a DUI. Can I lose my driving privileges? The short answer is yes, you can, but the big picture is more complicated – and has more hope – than that.
Your driver’s license is immediately suspended after you are arrested for a DUI. You may drive for a short period of time for business purposes, then your license can even be fully suspended.
However, if you act quickly and with the help of a DUI defense lawyer, you may be able to get your license reinstated, and you may even be able to get your charge dropped. You must act in accordance with the 10 day rule.
What is the 10 day rule?
As stated before, your license is suspended immediately following a DUI arrest. However, this initial suspension is only partial, and you can still drive for business purposes for the next 10 days. During this time period, your DUI citation acts as a driver’s permit in lieu of your license.
However, after this 10-day period your driving privileges will be evaluated, and you may receive a full or partial license suspension.
There is another option: you can work with an attorney to have your license reinstated.
During this 10-day time period, you may request an administrative hearing where you can make your case to have your license reinstated. In some cases, you may even be able to get your charges dropped at this hearing.
What is the difference between an informal and formal review hearing?
Through an administrative hearing, the DMV will determine whether or not the officer had probable cause to arrest you for your DUI. Your review can either be formal or informal, which changes the way evidence is presented.
Informal review hearing
An informal review hearing occurs in front of a hearing officer at the Department of Motor Vehicles in Florida. They review only materials submitted by the arresting police officer and the offender. The arresting officer does not have to be present.
Formal review hearing
A formal review also occurs before a DMV hearing officer. However, in this type of review, testimonies from the driver’s witnesses can also be heard. The driver is also allowed legal representation in a formal review hearing.
Additionally, if the arresting officer does not attend your hearing, then your suspension may be invalidated, and charges may be removed from your record.
How do I request a review in Florida?
In order to request a formal review hearing, you must submit a written request to the correct clerk within 10 days of your arrest and license suspension.
In the request, you must include:
- Date of birth
- Driver’s license number
- Suspension date
- County where your license and driving privileges were suspended
What happens if I don’t request a review following my DUI arrest?
It is not required by law that you request a review following your DUI arrest. In the case that you waive your hearing, your license is immediately suspended until a later hearing for your charges – as opposed to the status of your driving privileges.
Contact Fletcher & Fletcher Florida DUI Defense Attorneys Today
If you’ve been arrested for a DUI, the bottom line is that you still deserve to be treated with fairness and respect. You have a right to a criminal defense attorney, and our husband and wife team has dedicated our careers to defending clients like you. We’ll look past the State’s narrative and listen to your story, then help you make informed decisions about your case.
Contact us today to schedule your free, private consultation.