Miami DUI Attorney

Miami DUI Arrests & the 10 Day Rule

If a driver in Miami, Florida is pulled over, arrested for suspected DUI and fails or refuses a breath or blood test, he or she will face automatic driver's license suspension by the Florida Department of Motor Vehicles. The only opportunity a driver will have to save his or her license will be to contact the DMV within 10 days of the date of his or her arrest to request a formal review hearing. If a driver fails to request a hearing within the 10-day window, the DMV will suspend his or her license without further ado.

The 10 day rule is just one of many reasons it is important to contact a Miami DUI lawyer as soon as possible after an arrest for drunk driving or driving under the influence of drugs. Your lawyer can contact the appropriate department of the Department of Motor Vehicles on your behalf to schedule your DMV hearing. Your lawyer can then work to prepare evidence on your behalf and can represent you at this administrative hearing, where he will have the opportunity to challenge allegations that you took a breath or blood test and had a blood alcohol concentration of .08% or greater, or that you refused blood alcohol testing altogether. Representing you at your formal review hearing will also offer your attorney the chance to begin preparing your case for criminal court.

How the 10 Day Rule Works

When a driver is arrested for DUI, the arresting officer will confiscate his or her license and give the driver a slip of paper that acts as a citation/notice of suspension. This citation actually serves as a temporary driving permit during the 10 day time period that a driver has to request a formal review hearing, but after the 10 days are up the driver would not be permitted to drive unless he or she had requested a hearing. Were you arrested for drunk driving? Contact a Miami DUI attorney at our firm immediately.