Florida DUI Ten Day Rule

Arrested for DUI In Palm Bay or Melbourne, FL? Under Florida law, you’ll lose your driver’s license if you refuse to submit to the breath alcohol test. But you’ll also lose your license if your reading is .08 or higher.

Need more information or want to speak to an Melbourne, FL attorney now? Call us at (321) 253-6223.

Refusing to submit to the breath alcohol test means a suspension of one year–or eighteen months if there has been a previous refusal.

However, when people submit to the test and receive a reading of .08 or higher, the driver’s license suspension is typically only six months.

Is there anyway to prevent the automatic suspension? Yes, within 10 days of your arrest, you may apply for a business-purpose-only license or initiate an appeal of the driver’s license suspension. This is done at a DMV Administrative Review Office.

Challenging the DMV determination is called a “Formal Review.” As long as the demand is filed within ten days, you will receive a temporary driving permit that will allow you to drive while the appeal pends.

The Formal Review occurs at a DMV Administrative Review office. Police officers that witnessed the alleged incident are subpoenaed and give sworn testimony about what they witnessed. One benefit of the hearing is it gives defendants a preview of what police will say about them ahead of time–before the case is heard in criminal court. Your attorney cross examines the police witnesses, present other evidence that may contradict their testimony (if available), and present case law that supports a determination that the suspension of the driver’s license would be improper.

Keep in mind the Formal Review relates to the automatic suspension of your license immediately after an arrest. Win or lose, the main case will proceed in county court, potentially affecting one’s driving privilege and involving other criminal sanctions.

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