10-Day Rule After a DUI Arrest in Hillsborough County Explained
There is a strict 10-day deadline that follows a DUI arrest in Hillsborough County. This deadline is generally referred to as the “10-Day Rule,” and it has a direct impact on your driver’s license.
When this deadline is missed, it can result in an automatic license suspension before your court case even begins. Working with a Hillsborough DUI attorney, including an experienced attorney like CJ Bauer in Tampa, can help ensure the appropriate steps are taken in order to protect your license and future following a DUI arrest.
What is the 10-Day Rule in Florida DUI Cases?
According to Florida law, a person who has been recently arrested for a DUI has 10 calendar days from the date of the arrest to take action. This includes requesting a Formal Review Hearing with the Florida Highway Safety and Motor Vehicles.
The 10-Day Rule applies if your breath test result was over 0.08 or if you refused to submit to testing. If no action is taken within these 10 days, your license will be automatically suspended. If it is your first offense, however, you might be eligible to apply for a hardship license without requesting a formal review hearing.
What Happens to Your License Immediately After Arrest?
Upon receiving a DUI arrest in Hillsborough County, the officer will typically issue a DUI citation. This citation will act as a temporary driving permit for those 10 days, so long as the officer marked off the appropriate box. During this time period, you can still legally drive while you figure out how you want to proceed.
Once these 10 days pass, your license will then be suspended unless you have decided to take action. For this reason, it is crucial to understand and act within the deadline. Working with a Hillsborough DUI attorney can help make sure you meet all required deadlines and take the steps needed to protect your rights.
What if You Don’t Request a Hearing?
If you choose not to request a Formal Review Hearing, your license will automatically be suspended. For a first DUI with a breath test over 0.08%, this generally results in a suspension of up to 6 months.
If you refuse to take a breath test, the suspension is then typically one year. Drivers with prior DUI offenses might potentially be subject to longer suspension periods. Not requesting a hearing can also limit your ability to challenge the suspension early in your case, making early legal guidance all the more important.
Common Mistakes People Make
Many people misunderstand how the 10-Day Rule works. For instance, some assume the 10 days are business days, when they are actually calendar days, meaning weekends and holidays are included in the count.
Others might not realize the deadline is separate from court dates and wait until after their court arraignment as a result. It is also common to confuse court deadlines with DMV deadlines. While these mistakes are common, they are costly. Missing the 10-day deadline entirely is one of the most serious mistakes you can make.
Don’t Miss the 10-Day Deadline After a DUI Arrest
The 10-Day Rule is an extremely important step in the DUI process. In order to protect your license, rights, and future, acting quickly is essential.
At The Law Office of Timothy Sullivan, attorney CJ Bauer in Tampa is an experienced DUI defense attorney with a strong background in handling DUI cases in Hillsborough County. With a trusted defense on your side, you can have a chance at the best possible outcome.
Have you been arrested for a DUI? Contact a top Hillsborough DUI attorney at The Law Office of Timothy Sullivan as soon as possible to get a complimentary DUI case consultation, or call our office at (727) 291-9717 for more information.