What Is the “Ten Day” Rule in Florida? Fort Lauderdale DUI Attorney Explains

From the flashing blue lights to the officer’s stern interrogation, a DUI traffic stop is never a pleasant experience. This is particularly true if you wind up in the back of a squad car.

If you are facing DUI charges in Florida, then you probably have a long list of questions. Will my license be suspended? What are the financial costs?

Fortunately, there may be several defenses that apply to your case. For example, if the officer made the stop without reasonable suspicion that you were committing or had committed a crime probable cause for a valid traffic stop, then evidence gathered during the stop may be inadmissible in court. Furthermore, if you were properly stopped, your continued detention may have been unlawful.  Sometimes breathalyzers are not calibrated or administered correctly, so the prosecuting authority may not be able to use the breath test results against you.

A Fort Lauderdale DUI lawyer from Leader & Leader P.A. can answer your questions and represent your interests. Attorney Michael D. Leader is available 24 hours a day, seven days a week.

Call 954-523-2020 today to schedule a consultation.

Here are the answers to three DUI FAQs:

1. What is the “Ten Day” rule?

If you were arrested for DUI, then there will be an Administrative Suspension of your driver’s license. However, you have 10 days from the date of the arrest to request a hearing to challenge the suspension or seek other possible avenues that will allow you to drive.  Generally, you will only face the administrative suspension for refusals or blood and breath alcohol levels over the legal limit but not for substances found in a urine sample.

If you request this hearing within 10 days, then you will receive a temporary license, if you are entitled to one. Generally, the temporary license is issued for 42 days.  If you do not act within 10 days of your arrest, you may forever waive the right to do so.  This administrative case has nothing to do with your criminal case but is based upon the same events and allegations.

2. What is an ignition interlock device?

An ignition interlock device is a built-in breathalyzer that you may have to install in your vehicle after a DUI conviction. You will have to blow into the device and pass the breath test before you can start your vehicle. You may also have to take the test periodically while driving.

3. Are there consequences to refusing a breathalyzer test in Florida?

Florida is an implied consent state, which means that all drivers automatically consent to a chemical test – a breath, blood or urine test – after a lawful arrest. As the Florida Department of Highway Safety and Motor Vehicles explains, a refusal to take this test is admissible as evidence against you in court (unless you have a qualified attorney who may be able to find a basis to exclude it).    You may be subject to a test without arrest if there is serious bodily injury, death or you are taken to a hospital and a breath or urine test is impossible or impractical.

Also, you will face a driver’s license suspension of one year for a first offense, and 18 months for second and subsequent offenses. If you were driving a commercial vehicle, then your commercial driver’s license will be disqualified for one year for a first offense. If it is your second or subsequent offense, your CDL will be disqualified permanently.   If convicted in court on the criminal case you may face a suspension from 6 months to permanent lifetime revocation of your driving privileges depending on your prior DUI convictions and/or when they occurred.

Although the Internet has plenty of information about DUI laws in Florida, much of it is outdated, ambiguous or entirely untrue. Your best source of guidance is a lawyer that focuses their time and career to the art of fighting DUI cases.  There is a difference between a criminal defense lawyer that handles some DUI cases and a true DUI Defense Lawyer!

Contact Leader & Leader P.A. to discuss your defense strategy with a Fort Lauderdale DUI attorney. Schedule a free consultation today by calling 954-523-2020.