Questions and Answers About South Florida DUI and Criminal Cases

The first step to successfully defending yourself against DUI, theft, domestic violence, or drug charges in Florida is gathering information. What are the charges? What are the consequences? Do you have legal options? Browse our FAQs to find out what our experienced defense lawyer has to say about these important issues.

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  • What is the 10-day rule for DUI in Florida?

    Florida law is unique in how it addresses DUI and driving privileges. If you’ve been arrested for a DUI in Florida, you only have 10 days to save your license.

    Your driver’s license is immediately suspended upon your arrest for DUI. For the next 10 days, you may drive only to work or for business purposes using your ticket as a permit. At the end of those 10 days, your license will be fully suspended, suspended with work privileges, or reinstated—depending in part upon your actions.

    Take Action During the 10-Day Window to Retain Driving Privileges

    First-time offenders have two options during the 10-day window. These options are:

    • Request an administrative hearing (formal or informal). The purpose of this hearing is to determine if the officer had probable cause to arrest you for a DUI. You will receive a 42-day business-purpose-only license—also called a “hardship” license—immediately. If the hearing is lost, it could trigger a 30- or 90–day waiting period to get another Hardship license. If the hearing is won, your license could be reinstated.
       
    • Forfeit your right to a review hearing in exchange for an immediate business-purpose-only license. This license lasts the entire duration of the six- or 12-month suspension for a first-time DUI. You must also enroll in DUI school before you can get the immediate hardship license.

    Florida drivers who have previously been convicted of a DUI are not eligible for a hardship license. This means they may only pursue the first option. Additionally, a driver who takes no action during the 10-day window will have his driver’s license suspended for at least six months or more, depending on the circumstances of the arrest and the driver’s criminal history.

    An experienced Florida DUI attorney can help examine your situation and your rights to find the most effective way forward. Contact Adam Rossen at Rossen Law Firm today. He has helped countless individuals in Broward County retain their driving privileges and wants to hear from you. Take a moment to fill out the contact form on this page, or call our office nearest you.

  • How long will a DUI stay on my Florida driving record?

    The state of Florida has very strict laws when it comes to driving under the influence. Individuals who are convicted face fines, loss of licensure, and jail time—even for first-time offenses. The rules are similarly harsh when it comes to your driving and criminal record.

    Expunging or Sealing Your DUI Conviction in Florida

    A DUI conviction in Florida will stay on your criminal history forever and cannot be expunged or sealed. A conviction will also stay on your Florida driver’s license for 75 years. Additionally, the state prohibits the withholding of adjudication in these cases. In some states, it is possible to avoid a formal conviction by completing some form of punishment; while the charge is not dropped, it does not appear as a conviction on one’s record. While Florida permits withholding of adjudication for some offenses, intoxicated driving offenses are not included.

    Ramifications of the DUI Conviction on Your Permanent Record

    All this means that a Florida DUI conviction can follow you for the rest of your life. Even years later, it can make it difficult to:

    • Obtain employment
    • Maintain employment
    • Obtain professional licensure
    • Obtain certain types of insurance
    • Obtain approval for housing

    An Experienced DUI Attorney Can Help Fight Your DUI Charge Today

    As a result, it is important to take action as soon as possible after a DUI arrest. Because the charge cannot be removed or hidden, it is best to have the offense dropped or reduced right at the start. An experienced Florida DUI attorney understands what is at stake and can help you effectively fight your charge and protect your future.

    At Rossen Law Firm, DUI lawyer and former prosecutor Adam Rossen has helped many individuals all over Broward County obtain the best available legal outcomes. Call Adam today at his office nearest you to learn more about how he may be able to help and to schedule a free strategy session.

  • Can I drive after I’ve been arrested for DUI in Florida?

    The short answer is yes. It is possible to continue to drive after you’ve been arrested on a DUI charge. However, you likely will not enjoy normal driving privileges. Florida is strict even for first-time offenders, and there are specific rules and deadlines that must be met in order to continue driving.

    Florida’s 10-Day Rule

    In Florida, if you are arrested for DUI, your license will be suspended immediately. You may drive during the subsequent 10 days using your DUI ticket as a temporary permit to drive only to work. These “business purpose only” (or “hardship”) privileges are good only for those 10 days immediately following your arrest.

    During that time, however, you may request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. At the hearing, officials will decide if law enforcement was justified in suspending your license. It is possible the suspension will be lifted at this hearing.

    If it is determined that law enforcement was correct, you may see your license suspended for a period of months or years, depending on the unique circumstances of your case. If you fail to request a hearing within the 10-day window, your license will certainly be suspended.

    Hardship License or for Business Purposes Only

    Even if your license is suspended, you may not lose your driving privileges completely. The hardship license can be extended for the duration of the suspension of your regular license if you meet certain criteria, including:

    • It’s your first DUI arrest. Florida law does not allow anyone but first-time DUI offenders to obtain a hardship license.
       
    • You enroll in a DUI program. The Department of Highway Safety and Motor Vehicles states these courses “provide education, a psychosocial evaluation, and treatment referral services to DUI offenders.” It is possible to obtain a hardship license before you have fully completed the course, as long as you are enrolled.
       
    • You install an ignition interlock device. While this is not required in all cases, it is often stipulated that the driver must use an ignition interlock device to start and run his vehicle. These devices force a driver to check his BAC level to start the car and to continue to check periodically to keep the car going. These devices can be very expensive,

    An experienced Florida DUI attorney can help you understand your rights and help fight to retain driving privileges. If you’ve been arrested for DUI in Florida, you must take action quickly to give yourself the best possible chance at avoiding a license suspension. In Broward County, contact Rossen Law Firm to learn more about your options.

  • How can a Florida criminal attorney help me?

    If you have been charged with a crime in Broward County, you are facing a very serious situation. The consequences of a conviction are severe and can affect your personal, professional, and financial life for years to come.

    For many individuals, this is a scary and uncertain time. You may be unsure of what to do now—or if there is even anything you can do. Though the outlook may seem bleak, you do have rights and legal options available to you, and an experienced attorney can help you fight your charge.

    Often, individuals have many reasons why they don’t retain a lawyer. Maybe you have faith in your innocence, or pessimism about your case, or you think you simply cannot afford a good attorney. Regardless, a skilled attorney can work as your advocate and guide, helping to ensure your rights are protected and you can move forward to a successful future.

    Why Hire an Attorney to Defend You Against a Criminal Charge in Florida?

    Florida law has many complex and changing laws that address a wide range of drug offenses. When you face a criminal charge for violating one of these laws, it is important to fully understand your rights and how the legal system works so you can obtain the best possible outcome for your case. An experienced attorney can help you meet that goal by:

    • Fully explaining state and federal law.
    • Offering a number of possible legal options.
    • Preparing paperwork and filing documents.
    • Meeting legal deadlines.
    • Negotiating with prosecutors.
    • Presenting a complete and compelling case at trial, if necessary.

    The High Price of Not Retaining an Experienced Criminal Defense Attorney

    While finding the right lawyer can seem like a daunting task, reaching out to an experienced attorney can make all the difference in your life. A criminal charge is a serious matter. With the stakes that high, you need someone who has been there before and has successfully helped others reduce the negative consequences.

    Once a plea bargain has been reached or a verdict handed down, it can be difficult—or in some cases impossible—to have to those decisions reversed. An attorney can help you fully understand your rights and fight only for you. Despite what they may say, law enforcement and other officials have no interest in protecting you. Only a dedicated criminal defense attorney will do that.

    Securing knowledgeable, effective representation from the start can help you put this difficult time behind you more quickly and ensure your continued security. If you or someone you love has been charged with a crime in Florida, call Rossen Law Firm today to talk to Adam Rossen and learn more about how our former prosecutor and his team may be able to help.


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