Miami Legal Tips Blog

What is the DUI 10-Day Rule in Florida?

drink-driving-808790_640If you’ve been arrested for a DUI in Florida then you need an experienced DUI attorney right away. We need to begin working for you right away and we must work to fight for a hardship license within ten days of the arrest. Why? Because if there isn’t any action take within ten days, then there is an automatic, final suspension.

On the other hand, if you quality for a hardship license, then Gilbert & Smallman may be able to ensure you can continue to drive. If we file for a hardship license, the DMV will take a look at your case and will determine your suspension. They’ll take a number of things into consideration, including the results of any urinalysis or breathalyzer you took.

Not everyone is eligible for the 10-day rule

Of course, not everyone is eligible for a hardship license. Some things that will prevent your application from being approved include:

  • Refusal to take a breathalyzer or urinalysis when you were arrested.
  • Officer stating that you refused any test.
  • If you had a commercial license when you were arrested and your BAC was .04% or more.
  • If you had a .08% BAC or higher.
  • If you were under the legal age to drink and your BAC was higher than .02%.
  • You were arrested for a DUI and don’t know what your BAC results were.

How can a DUI attorney help?

If you contact an attorney before the Florida 10-day rule takes effect and you’re eligible for a hardship license, then the DMV will decide how long your suspension should last. It could be anything from 30 – 90 days of no driving at all, within a suspension of 6 – 18 months with special driving privileges. At Gilbert & Smallman, we have a history of success getting driving privileges reinstated while the court case is pending.

The 10-day rule hearing is worth it either way

Even if your request is denied, there’s one other reason this hearing can be so important: The arresting officer will speak about your case under oath. As a result, your attorney will find out about all the evidence against you. This is very helpful in creating an overall defense plan.

If you’ve been arrested for a DUI in Florida then we urge you to call us today for a free case evaluation. It may seem like a hopeless situation but Gilbert & Smallman can help!


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