DUI Arrests & Florida 10 Day Rule: How to Save Your License After Arrested for Drinking and Driving

If you get arrested for DUI in Florida, you have 10 days to save your license. Adam Rossen, Florida DUI Attorney from the Rossen Law Firm, explains how to get your license back after getting arrested for drunk driving.

⚖️ Disclaimer — This video is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing or commenting. This information is not legal advice on your case or specific situation. If you are interested in forming an attorney-client relationship, please contact our office.
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Chapters
0:14 Can I drive after being arrested for DUI
0:50 What is the Florida 10 Day Rule
1:48 What is a Hardship License
3:43 How the DMV Formal Review Process Works
5:02 What Happens if You Win or Lose the DMV Hearing
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In the state of Florida, you can continue to drive 10 days after your arrest for DUI by using your citation as a temporary license. There are no restrictions to this driver's license during this period.

The first step to getting your license back is by filing to have a formal review with the DMV. This process is like a mini-trial with the Department of Motor Vehicles. If you waive your right to the formal review, you can get a hardship license right away.

A hardship license allows you to drive to anything that is necessary to maintain your livelihood after being arrested for DUI. This includes driving to school, work, the doctor, religious centers, and the grocery store. You cannot make any other stops on the way to these locations, however.

An attorney can waive your requirement to appear at the DMV hearing and go on your behalf. An attorney can subpoena officers and gather evidence in order to fight your case with the DMV. Although the outcome of this DMV hearing has no bearing on your criminal case, the evidence gathered can still be used for the criminal case.

If you win the DMV hearing, then you will get your driver's license fully back. If you lose the hearing, you will be placed in a hard suspension which prevents you from obtaining a hardship license for a set amount of time depending on whether or not you have refused the DUI breath test before.

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