Understanding the 10-Day Rule in Florida: How to Protect Your License After a DUI Charge

If you’ve recently been arrested for DUI, you probably have a lot to worry about. Court dates, fines, and jail time are all on the table. It’s easy to overlook your driver’s license. Under Florida law, you only have 10 days from the date of your arrest to act before your license is automatically suspended. This brief window is known as the 10-Day Rule. Missing it has serious consequences. By understanding how this rule works, you can protect your license from being suspended.

What does the 10-day rule mean? 

When you’re first arrested for DUI in Florida, the officer will take your license and issue you a temporary permit that only allows you to drive for 10 days. That period is not just a grace period. It’s an opportunity to request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you don’t do anything, your driving privileges will be automatically suspended after those 10 days elapse. For many first-time offenders, that will mean a six-month suspension of their driver’s license. If you refused to take the breath test, your license will be suspended for an entire year. Repeat offenses or aggravating factors can result in even longer suspensions.

Understanding your options

Within the first 10 days, you have two choices:

• Request a formal review hearing – This hearing will allow you to challenge the administrative suspension before a DHSMV hearing officer. In addition, your attorney can question whether the officer had probable cause to stop you, whether you were lawfully arrested, and whether your breath or blood test was administered properly. In some cases, you can get the suspension invalidated. In that case, you would keep your full driving privileges.

• Request a waiver and apply for a hardship license – In some cases, and this is especially true for first-time offenders, you can waive the formal review and immediately apply for a Business Purposes Only (BPO) license. This limited hardship license allows you to drive to work, school, medical appointments, or for other essential purposes while your case is working its way through the courts.

Both options have trade-offs. The best choice will depend on the facts of your case. Consulting with a DUI attorney early in the process will ensure you don’t make a decision that limits your future options.

Acting quickly matters 

Your 10-day window will pass quickly. Waiting too long can mean losing your chance to challenge the suspension or apply for a hardship license. This is why you should involve your DUI defense attorney early in the process. We can file the necessary paperwork with the DHSMV and help you secure a temporary permit. We’ll then begin gathering evidence that can help with your case.

Talk to an Orlando DUI Attorney Today

FL DUI Group represents the interests of Orlando residents who have been charged with DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin reviewing your case right away.