Florida's 10-day DUI Rule

Having your driver's license suspended or revoked can be one of the most frustrating consequences of a DUI arrest. If you were arrested for DUI in the state of Florida, chances are your license was revoked by the arresting officer. For the next 10 days following the arrest, time is of the essence. Within Florida's 10-day DUI rule, you have only 10 days to challenge the administrative suspension of your driver's license. If you fail to do so, you can lose your license anywhere from 6 months to indefinitely. 

Lawyer for Administrative Suspension in Palm Beach and Broward Counties

If you lost your driver's license due to administrative suspension in Palm Beach or Broward County, our experienced DUI lawyer is well equipped to challenge it, and he has done so for DUI arrests for over 18 years across South Florida.

At your administrative review hearing, your lawyer may be able to provide compelling evidence depending on your case such as: 

  • unlawful stop or arrest
  • no refusal or lawful refusal to a field sobriety test; or
  • inaccurate BAC results

If you prevail at your administrative review hearing, you may be able to get your license back. If not, the administrative review judge has the ability to grant a 42-day temporary hardship license which will grant you limited driving privileges. The two forms of hardship licenses in Florida are:

  • Business purpose only - restricts your driving to necessary activities related to your livelihood. This can include your work commute, school, on-the-job driving, food, religious, and/or medical visits
  • Work purpose only - restricts your driving to employment-related activities only

How to Get a Hardship License in Palm Beach and Broward Counties

There are a few requirements in order to obtain a hardship license in Florida. To do so, you must:

  • Register for a Florida ADI course and obtain an enrollment certificate
  • Fill out an application for a hardship hearing
  • Bring these items to your local administrative reviews office; and
  • Pay all related fees

Once you submit the required information, a hearing officer will review your application and determine if you are eligible to receive a hardship license. To find out if you are eligible for a hardship license, call our office today at (561) 671-5995.

Criminal DUI Hearing

Believe it or not, your driver's license can be suspended TWICE for one DUI charge. Even if you serve your administrative suspension, you may face another license suspension if you are convicted of DUI at your criminal trial. In Florida, if you are a first-time DUI offender and have completed your administrative suspension, you can be granted a business-only hardship license for the remainder of your suspension. 

If you have a prior DUI conviction and get convicted of DUI again, you have a much larger problem at hand and will not be eligible for a hardship license. You must serve the entire sentence of your suspension before operating a motor vehicle again. 

Those who have been charged with multiple DUIs may have the ability to get some driving rights restored by installing an ignition interlock device on their vehicle. The driver must blow into the device and register a blood-alcohol level within legal limits in order to start the vehicle. 

Jail time DUI Penalties in Florida

Aside from a license suspension, fines, and community service, one of the worst possible outcomes of a DUI charge in Florida is jail time. The maximum jail time for first-offense DUIs are:

  • 6 months for standard DUI
  • 9 months for .15% or higher BAC level
  • 9 months for having a passenger under 18 years old
  • 1 year if property damage or minor injury occurred
  • 5 years if the accident involved serious bodily injury

Is it Possible to Avoid Jail After a DUI Conviction in Florida?

Whether or not you will spend time in jail after a DUI conviction largely depends on the judge. The Law Offices of Matthew Konecky can plead your case to the judge in an effort to avoid jail time or obtain an alternative sentence. If you've been arrested for DUI, contact us immediately at (561) 671-5995 and our experienced Palm Beach and Broward criminal defense attorney will provide the help you need. You can also download our free guide 'What You Must Know About Your DUI Case Before You Do Anything'.

Man Driving Drunk While Holding Beer in His Hand

Be the first to comment!
Post a Comment