Understanding Florida’s DUI 10-Day Rule
Last updated on April 7, 2025
If you’ve been arrested for DUI in Florida, you have only 10 days to take action. During this period, you can challenge the DUI administrative suspension of your driver’s license.
Florida Statute 322.2615 establishes the immediate driver’s license suspension process for DUI arrests. When law enforcement determines your blood or breath alcohol level is .08% or higher, or you refuse testing, the officer immediately suspends your license on behalf of the Department of Highway Safety and Motor Vehicles. They physically take your license, issue a 10-day temporary permit (if otherwise eligible) and provide a formal suspension notice.
For blood tests, agencies must transmit results to the department within five days, which may lead to subsequent suspension. This administrative process operates completely separately from your criminal case, requiring swift, specialized legal attention to protect your driving privileges.
At the Law Firm of Scott T. Moorey, we understand how crucial these days are and will work quickly to defend your rights. With over 25 years of experience, our attorneys have successfully handled thousands of DUI cases, helping clients avoid the harsh penalties that can follow a DUI arrest.
What Is The 10-Day Rule?
The 10-day rule refers to the critical window of time after a DUI arrest when you can request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). This hearing allows you to contest the suspension of your license. If you fail to request this hearing within 10 days from your date of arrest, your license will be suspended automatically for a minimum of six months or up to 18 months if this is a 2nd refusal to take a breathalyzer test. However, this hearing is separate from your criminal DUI case.
Temporary Driving Permit
When you’re arrested for DUI in Florida, the arresting officer should issue a temporary driving permit, which allows you to drive for the next 10 days. During this time, you must request a hearing to avoid losing your driving privileges. Without this action, once the 10 days expire, your license will be suspended. Even if your blood alcohol content (BAC) is .08% or higher or you refused to take a breath test, a strong defense at the hearing could make a significant difference.
Why You Need A Lawyer
Time is of the essence in DUI cases. Having an experienced team of lawyers represent you during this critical period increases your chances of keeping your license and mitigating the penalties from your DUI arrest.
If you’ve been arrested for DUI in Lee, Collier, Charlotte, Hendry or Glades counties, don’t wait. Call us at 888-821-9168 or send us an email to schedule a consultation. We have offices in Fort Myers, Naples, Punta Gorda and Labelle, and serve all of southwest Florida.