Why are the first 10 days after a DUI so important?

If you have been arrested for DUI the clock is ticking. You have ten days from the date of your arrest to take immediate action to save your license. The length of your drivers license suspension depends on whether you refused to submit to a breath test or if you submitted to a breath test, and the reading was .08% or higher. If you refused to submit to a breath test, your license will be suspend for 1 (one) year. If you performed the breath test and the reading was .08% or higher, your license will be suspended for six months. Additionally, if your license has been suspended in the past for a DUI you are facing 18 months suspension.

During the first ten days after your arrest, you have three options.

The first is to take no action, allow the suspension to take effect, and lose your driving privileges for the statutorily mandated amount of time.

The second is that you can request an Administrative Review Hearing to determine if the officer had probable cause to arrest you for a DUI. Once you request an administrative review hearing the department will issue you a permit that typically expires in 45 days. That’s enough time for you to have your hearing. If the Administrative officer finds that no probable cause exists your license suspension will be overturned. If the administrative officer finds that probable cause exists for the arrest, you will subject to a hard suspension of 30 days (if you blew .08% or more) or 90 days if you did not submit to a breath test before you can apply for a Business Purposes Only (BPO) license.

Your third option allows you to waive your right to an Administrative Hearing and in exchange, be eligible for a BPO license immediately. This option is only available to individuals who have never had a prior DUI administrative suspension or DUI conviction. To be eligible for this option you must enroll in DUI School and show proof of your enrolment to The Florida Department of Highway Safety and Motor Vehicles (DHSMV) before they will issue your BPO license.

If you have been arrested for a DUI please do not hesitate to contact Attorney Jason Seidman to answer any of your questions, and provide you with a free case evaluation. Call 954-740-0502 or email jason@defendingsouthflorida.com to review your options and put his experience to work for you.