Understanding the Ten-Day Rule: What You Should Know About Administrative License Suspensions After a DUI Arrest
After you’ve been arrested for DUI in Orlando, Florida, you will face an administrative process that can lead to the automatic suspension of your driver’s license. This period is governed by Florida’s “10-day Rule,” which is the deadline by which you have to challenge the suspension of your license and protect your driving privileges. In this article, the Orlando, FL, DUI attorneys at FL DUI Group will discuss the 10-day rule and how it could apply to your DUI case.
Understanding the 10-day rule
After your DUI arrest, a failed breathalyzer, or your refusal to submit to chemical testing, your license will be automatically suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You will then be issued a temporary driving permit, which is valid for 10 days. This permit allows you to drive for essential purposes, like work or school.
You must move quickly to protect your driver’s license and prevent an automatic, longer suspension.
What are my options during this 10-day window?
You, essentially, have two options.
- Request a formal review hearing – You will have a chance to challenge the administrative suspension before a DHSMV hearing officer. At the hearing, you and your attorney can present evidence, question witnesses, and argue why your suspension should be overturned. If you succeed at challenging the suspension, you can have your driving privileges reinstated.
- Waive the hearing and request a hardship license – If you forgo the hearing, your license will be automatically suspended. You might, however, be eligible for a hardship license (also known as a Business Purposes Only or BPO license). The BPO license allows you to drive for essential reasons, like commuting to and from work or school. To qualify for a hardship license, you must first complete DUI school.
What happens if I miss the deadline?
If the 10-day window elapses without you requesting a formal review hearing or applying for a hardship license, you will face the following consequences:
- Automatic suspension – Your driver’s license will be automatically suspended. The duration of the suspension depends on the circumstances of your arrest. A first offense for failing a breath test usually results in a 6-month suspension. If you refuse to submit to a breath test, you will face a 12-month suspension. If this isn’t your first time facing DUI charges, you will also face a longer license suspension.
- Loss of driving privileges – It will be illegal for you to drive a vehicle until the suspension period has elapsed and your license is reinstated.
- Limited reinstatement options – You will lose the ability to challenge the suspension through a formal hearing, which will make it more difficult to get your license back.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Orlando residents who have been charged with DUI and related offenses. Call our Florida DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.
