If you’ve been charged with a DUI in Florida, you have just ten days to act on your right to drive. Florida is relatively unique in that you have certain driving privileges for 10 days after your arrest—then you’ll need to take action. The best way to secure your driving privileges is to work with a DUI lawyer in Tavares, FL.
Here’s an overview of how driving after a DUI arrest works.
The 10-day rule
After you’ve been arrested for a DUI, you are only allowed to drive to work and for business purposes for the next 10 days. That means it’s important to call an attorney as soon as possible—you only have those 10 days in which to ask. During this time period, your attorney will help you request a hearing and take any necessary actions to preserve your driving privileges.
If this is the first time you’ve been pulled over for a DUI, you have more options than someone else who was previously convicted. First time offenders are able to call for a formal or informal administrative hearing. At the hearing, the judge will determine whether the police had probable cause to arrest you for DUI. You will also receive a 42-day “hardship” license. This type of license allows you to drive to and from work, and for business purposes only.
If you win at the hearing, your driver’s license should be reinstated. If you lose, there is likely to be a 30- to 90-day waiting period to secure another hardship license.
Alternatively, you can waive your right to the hearing and get an immediate hardship license. This requires you to enroll in DUI school right away. Your hardship license will last the entire six- to 12-month suspension period that goes along with first time offenses.
Before you make any decisions about what to do, talk to your attorney. They may be able to cast doubt on a probable cause hearing—or they may look at the evidence and suggest you’re better off waiving your right to a hearing and getting a hardship license.
If you’ve been convicted of a DUI before, you don’t have the option to waive your hearing for a hardship license. Instead, you have to request a hearing within the 10-day waiting period. If you don’t, your license will be suspended for at least six months, and often longer. The court will take the circumstances of your arrest and your prior arrests into account when deciding what to do.
In this case, it’s wise to attend the hearing with your lawyer. They’ll guide you through the process and do their best to get a fair outcome on your behalf.
When you’ve been arrested and charged with a DUI, you need an experienced DUI lawyer in Tavares, FL. The attorneys at K.J. Law P.A. are standing by to help you. Get in touch with us today to learn more about how we can assist with your case and provide the support you need.
Categorised in: DUI Lawyer