Reader’s Question:

I have a DUI charge here in Hollywood, Florida and I was advised about the “10-day” rule. How is this “10-day” rule applicable to administrative license suspension matters?

Liana

Hollywood, FL

In the state of Florida, if you refused to a breath or blood alcohol test, or if you submitted and had a result of 0.08% or more (0.02 for people under 21 and 0.04 for people driving a commercial vehicle), the state will attempt to suspend your driver’s license or privilege to drive for six months up to five years. In most DUI cases, this attempt to take away your license would occur prior to any criminal trial for DUI and would be automatically entered against you unless you file a request for a formal or informal review within 10 calendar days after the arrest date or having your license taken by the officer.

Filing a request for administrative for a first offense permits you to receive a temporary license for a period of 30 days or so. In most DUI cases, by timely and properly filing the appeal, limited-driving privileges will be granted until you have had a chance to have a hearing with a Department Hearing Officer and there will not be a jury. At the administrative hearing, no decision will be announced. But you will receive a decision in the mail within a few days after the hearing.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer