What is the 10-day rule for DUI in Florida?
Once a person is arrested for driving under the influence in violation of Florida Statutes § 316.193, the State immediately suspends their license, beginning when they are allowed to challenge the suspension. If you fail to make a successful argument, the temporary suspension becomes long-term. To avoid losing your license permanently, learn more about the 10-day rule for DUI in Florida.
Florida’s DUI Laws
Understanding the 10-day rule begins by comprehending Florida’s DUI laws. Florida prohibits people from operating a motor vehicle if they have a blood alcohol concentration (BAC) of .08 percent or higher. The statute also prohibits people from driving while intoxicated, even if their BAC is not higher than .08 percent.
Intoxication is not limited to alcoholic beverages. If a person is under the influence of any controlled or chemical substance listed in Fla. Stat. § 877.111 or Fla. Stat. § 893 that impairs their normal driving capabilities, they are in violation of the statute.
DUI punishments can include fines, imprisonment, ignition lock devices that will not permit someone to drive if they have a high BAC, and other penalties. If someone does not receive a jail or prison sentence, the law also requires mandatory substance abuse treatment and community supervision.
Most DUI-related punishments require a conviction. However, simply getting arrested for a DUI can trigger some quasi-punishments, including a temporary license suspension.
What Is the 10-Day Rule?
When a person gets arrested for DUI, their driver’s license is automatically suspended. The length of the suspension depends on whether a defendant has any prior DUI convictions. However, customarily, the defendant has 10 days from the date of suspension to request a formal review. During these 10 days, a defendant can still drive with a DUI citation, which acts as a temporary license, at least for limited purposes.
Although the temporary license does not qualify as a full license, it is considered a hardship license. A hardship license is a specific type of driver’s license that people may qualify for even if they have a suspended license, permitting them to drive for particular purposes—generally to commute to work or do necessary activities. During the 10 days of suspension, a defendant should only drive when necessary to ensure they have no additional complications before a hearing.
Review Hearings
When a person requests a hearing, they may have a formal or informal hearing, depending on the facts of the case. Unfortunately, these hearings occur before a defendant’s criminal trial, which could make it difficult for a defendant to participate in the hearing fully. While the hearing is not a formal criminal proceeding, information revealed in the review hearings could be used in criminal proceedings.
The formal administrative hearing allows a defendant to ask the Florida Department of Motor Vehicles (DMV) to reconsider the administrative suspension of their license. The defendant must send a written request to the DMV, which includes the defendant’s name, address, date of birth, driver’s license number, and details about the offense.
A defendant does not have to appear at an informal review hearing. At the hearing, the hearing officer will examine the evidence submitted by the police officer and the driver, determine if the evidence supports a DUI conviction, and then decide whether to overturn the suspension.
Get an Attorney’s Help To Challenge a License Suspension
Although Florida’s 10-day rule makes sense from a safety perspective, it allows the State to deprive a driver of their license without completing due process. The best way to appeal a suspension is to challenge the State’s evidence of your DUI case. To get help, contact Price Benowitz for a free case evaluation.
