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

Florida law is unique in how it addresses Driving Under the Influence (DUI) and driving privileges. If you’ve been arrested for a DUI in Florida, you only have 10 days from the date of your arrest to save your driver's 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 either be: fully suspended, suspended with work privileges, or reinstated—depending, in part, upon your actions.

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

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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 DUI. You will receive a 42-day business-purpose-only driver's 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 driver's 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.

Previously convicted of a DUI in Florida?

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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 - requesting an administrative hearing. 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.

How to fight your DUI charge and protect your license

An experienced Florida DUI attorney can help examine your situation and your rights to find the most effective way forward. Contact Adam Rossen or Manny Serra-Jovenich at Rossen Law Firm today. We've helped countless individuals in Broward County and South Florida retain their driving privileges. We're ready to help and want to hear from you.

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RELATED: 7 Rules you Need to know to Survive a Florida DUI - (FREE instant-download booklet)
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