DUI & Criminal Division

Why The 10 Days After A Florida DUI Arrest Are The Most Important

January 3, 2025

The Clock Starts Ticking the Moment You’re Arrested
The moments following a DUI arrest in Florida are critical. You have exactly 10 days to act before your driving privileges are automatically suspended. This brief window, known as the “10-Day Rule,” is your only opportunity to challenge the suspension and retain your ability to drive. Ignoring this deadline can lead to severe and immediate consequences.

What Is the Florida DUI 10-Day Rule?
Upon arrest for DUI, law enforcement will confiscate your driver’s license and issue a temporary 10-day permit. This permit allows you to drive for essential purposes—like commuting to work or attending medical appointments—but only for those 10 days. During this period, you must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to contest your license suspension. If you fail to make this request within the 10-day timeframe, your license will be automatically suspended.

Length of License Suspension After DUI Arrest in Florida
The length of the suspension varies:

  • For a first offense with a blood alcohol concentration (BAC) of 0.08% or higher, the suspension lasts six months.
  • If you refused to submit to a breath, blood, or urine test, the suspension is one year for a first refusal.

How Losing Driving Privileges Disrupts Your Life
The impact of a license suspension hits fast—and hard. Most people don’t realize just how much of their life hinges on the ability to drive until that freedom is taken away.
Can you still get to work on time? What if your job requires driving—like delivering, sales, or field work? For many, even getting to the office or job site becomes a nightmare of bus transfers, missed shifts, or costly rideshare bills. Employers may not wait around for you to sort it out.

And that’s just work. What about picking up your kids from school, getting groceries, or visiting a doctor? Life doesn’t stop—but without a license, you’re stuck watching it pass by.

Now imagine making the mistake of driving on a suspended license. If you’re caught, you’re not just dealing with a traffic offense anymore. That’s a criminal charge, with potential jail time, increased fines, and a longer suspension period. It compounds everything, and prosecutors don’t go easy on repeat offenders or those ignoring court orders. A suspended license charge can turn a manageable situation into a legal disaster.

What Happens If You Miss the 10-Day Deadline?
Missing the 10-day deadline not only results in automatic suspension but also forfeits your right to challenge the suspension. This means you lose the opportunity to present evidence or argue against the suspension, leaving you with limited options and potentially severe repercussions.

Why You Must Call a DUI Attorney Immediately
Given the gravity of the situation, consulting with an experienced DUI attorney immediately after your arrest is imperative. A skilled lawyer can guide you through the complexities of the legal process, ensure all necessary paperwork is filed promptly, and represent you at the formal review hearing. Their expertise can significantly influence the outcome, potentially preserving your driving privileges and mitigating other penalties.

Trust the Ticket Clinic – Florida’s DUI Defense Leader Since 1987
The Ticket Clinic has been defending DUI cases in Florida since 1987. With decades of experience and a deep understanding of Florida’s DUI laws, our team is equipped to provide the robust defense you need during this critical time. Acting swiftly and securing knowledgeable legal representation can make all the difference in protecting your rights and future.

Rolando A. Sanchez, Esq.

Originally from Miami , grew up in Central Florida.  After high school, he joined the U.S. Air Force where he worked on F-15E fighter jets as an Avionics Technician.  He was Honorably Discharged. Afterwards, he attended University of Central Florida and received a BSBA Finance Degree, cum laude.  Next, he attended Barry University for law school and among other things, served as V.P. of the Veterans Legal Society.  Since graduating in 2016, Mr. Sanchez has dedicated his career to helping those charged with criminal matters.  These cases include traffic, misdemeanors and felonies, including trials and post-conviction relief. Mr. Sanchez is the lead attorney in Ticket Clinic’s Kissimmee office, handling cases in Osceola, Polk, Hardee and Desoto Counties.