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Why Are the First 10 Days After Being Arrested for DUI So Important?

If you are arrested for DUI, the clock is ticking. You only have a period of ten days from the date of your arrest to take action and try to save your driver’s license.


How long your driver’s license is suspended depends on if you took the breath test or if you refused it, and if you did submit to a test and the reading was .08 percent or higher.

If you refused the breath test, then your license is going to be suspended for a period of one year. If you took the breath test and the reading was .08 percent or higher, your license is going to be suspended for a period of six months.Also, if you have had your license suspended in the past for DUI, you will face a suspension period of 18 months.

What Happens in the 10 Days After a DUI Arrest?

You will have three options during the initial 10 days after you are arrested for DUI. These options include:

  1. Take no action and allow the suspension to go into effect. You will lose your ability to drive for the mandated period of time.
  2. Request an Administrative Review Hearing. This is done to determine if the officer had sufficient probable cause to actually arrest you for the DUI. After you have requested this administrative review hearing, you will receive a permit that expires in 45 days. This provides enough time for the hearing. If the hearing finds there was no probable cause, then the suspension of your license will be overturned. However, if there was probable cause, you will receive a suspension period of 30 days (if the breath test was over .08 percent) or a suspension of 90 days if you didn’t submit to the breath test before you are able to apply for the Business Purposes Only license.
  3. You can also waive your right to the Administrative Hearing and be eligible for the BPO license right away. This is only offered to those who have never received a DUI conviction or DUI administrative suspension in the past. If you want to be eligible for this option, you need to enroll in a DUI School and provide proof of this enrollment to the DHSMV before receiving the BPO license.

The Importance of Legal Representation for a DUI

If you are arrested for DUI, it is best to consult with an attorney right away. They can review the facts of your case and help you determine the best course of action for your particular situation. The consequences you face after being arrested can be severe, so it is best to seek legal representation as soon after the arrest as possible.

If you need help or have questions, contact the DUI law attorneys at Stokes Law Firm by calling 727-954-0186. Being informed and knowing your rights is the best way to ensure you end up with the best possible outcome for your situation.

Additional Reading:

Florida’s DUI Punishment is Costly

The Effect of Medical Marijuana on Florida DUI Cases


  • Submission of an online form does not constitute an attorney-client relationship.

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