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Florida’s “10 Day Rule”

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You have only 10 days from the date of arrest to save your Florida driver’s license!

Each year that the Florida Legislature convenes, they have toughened the DUI laws. If you are arrested for DUI in Seminole County, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08 or greater, the Department of Motor Vehicles will suspend your driving immediately, and you have only 10 days to make a writtn4e election. You may request a special hearing called a “Formal Review Hearing.” You need to talk with an experienced DUI defense attorney before making this election. We are experienced in reviewing your arrest documentation and determining what issues might be able to prevail at a formal hearing.

At this hearing, our firm can fight to regain your license. Failure to do so will result in at least a six-month suspension (for blood alcohol test results of .08 or higher on a first DUI) and as much as an eighteen (18) months suspension of your driver’s license (for a second refusal to take the test.) If any of the following facts are present in your DUI arrest, the 10 Day Rule applies to you and you must act now.

  • You took the test and your blood alcohol level was .08 or higher.
  • You refused to take the test.
  • You tried to take the test, but they said you refused (maybe you couldn’t blow hard enough or urinate on cue.)
  • You were under 21 years old on the day you were arrested, and your result was .02 or higher.
  • You have a Commercial Driver’s License (CDL), and you were in your rig when arrested, and either refused the test or tested at .08 or higher.
  • You’re not sure what your blood level was.

A second option was made available recently that can avoid a “hard suspension” of 30-90 days. If you immediately register for the DUI Counterattack School, take your receipt and a copy of your arrest report to DMV, you can request a Temporary Hardship License that remains good until your DUI case is disposed of. In many cases, this is the better option. An experienced DUI defense attorney can help you make the best decision for you.

Remember … getting arrested for DUI in Florida does not mean you have to lose your license or pay inflated insurance rates. Call today to find out more about the 10 Day Rule and the Administrative Suspension Process.  Don’t Talk To The Police– It’s Dangerous to Your Freedom! 

DUI IS A SERIOUS CRIMINAL OFFENSE. It’s not “just traffic.” The consequences can include jail or prison, fines, court costs, Driver’s License suspension or revocation, expensive schools, community service requirements, vehicle impoundment, ignition interlock devices, crushing insurance premium increases, loss of employment, and great personal anguish.


Just because you have been arrested does not mean you will be convicted. If arrested, always plead NOT GUILTY. Protect your rights and call The Defense Group at one of our conveniently located offices.

  • If you are arrested for DUI in Brevard, Orange, Osceola, or Seminole County call 407 743 8430
  • If you are arrested for DUI  in Lake, Marion, Polk, Sumter County, call 407 743 8430
  • If you are arrested for DUI in Volusia County, call 407 743 8430


There are many ways to attack a DUI arrest. The officer may not have had a valid reasons for the stop. The officer may not have had sufficient probable cause to arrest you. The way the officer obtained your breath, blood or urine sample may not have been in compliance with the law. The equipment used by the police may not have been properly maintained or calibrated. There may have been medical or other physical reasons for your poor performance on any field tests. The officer may not have administered the tests correctly. There are MANY opportunities to attack the validity of your arrest. EVEN IF YOUR ARREST MUST RESULT IN A CONVICTION, YOU SHOULD BE POSITIONED TO RECEIVE THE MINIMUM PENALTY PERMITTED BY LAW. There are certain minimum penalties that the Court is required to impose, but the Court has the discretion to impose much more severe penalties. It’s our job to seek the absolute minimum sanctions that you must endure.

DUI defense is a complicated discipline. See our “Results” section to get a sense of the frequency with which we obtain outstanding results for our clients.

Call one of our two locations at 407 743 8430 or 407-250-9557, for a prompt and free consultationwith an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arrange

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