Miami Legal Tips Blog

Does the Florida 10-Day Rule Apply to Your DUI Case?

Have you been arrested for a DUI in either Miami Dade or Fort Lauderdale county? If so, you need to hire a DUI attorney as soon as possible. If it’s your first DUI, or even if it’s your second one, then you need an attorney to immediately start fighting for you to be approved for a hardship license. Why do you need help right away? Because you must apply within this ten-day period or your license suspension will be final.

The 10-day rule could help you stay on the road

If you apply for and qualify for a hardship license, then you may be able to continue to drive. The DMV will take a look at your case and decide who long your suspension will be based on the specifics of your case – not the general guidelines. Several factors will go into their decision, including whether or not you consented to a urine test or breathalyzer test, and if you did, what the results of those tests were.

Who does the 10-day rule apply to?

The 10-day rule doesn’t apply to everyone. It may apply to you if you refused a breathalyzer or urinalysis after you were arrested, if you took one of those tests and got a 0.08% or higher, if an officer claims that you refused any case, if you were not yet 21 when you were arrested and had a blood alcohol content of .02% or higher, if you had a commercial driver’s license and a blood alcohol content of 0.04% of higher, or if you were arrested for a DUI offense but don’t know what your BAC results were.

When the Department of Motor Vehicles decides how long your license should be suspended (typically it will vary between 30 – 90 days of not being able to drive at all and then a suspension with exceptions for anywhere from six months to a year and a half) your case will go to the criminal courts.

At Gilbert and Smallman, we’ve had success winning at these DMV hearings. The result is then that you can have your driving privileges reinstated while the court case is pending. Even if we can’t win your DMV hearing, we will still be able to question the arresting police officer and will have a better understanding of the state’s case against you.

As you can see, defending yourself against a DUI charge can be challenging. The good news is that you have experienced attorneys ready to help. Call us today for your free case evaluation and learn how you can move on from this incident.


Leave a Reply

Your email address will not be published. Required fields are marked *