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Department of Motor Vehicle 10 Day Rule

In the state of Florida, the law regarding Driving Under the Influence (DUI) for those refusing to submit to a blood, breath, or urine sample will have their Florida driver's license suspended for up to one year, the same goes for individual's with a test result of .08% or higher of alcohol in their body.

In Florida, there is a 10-day period given to individuals that have been arrested for DUI. During this 10-day period, they must file for a special hearing to ensure their license is not suspended long term. If an individual fails to file for a special hearing, their license will continue to be suspended for a full 18 months.

Due to this law in Florida, time is of the utmost importance if you do not want to lose your Florida driver's license for up to 18 months. The first step you should take is to contact a professional and experienced DUI attorney. A DUI lawyer will be able to give you all the information regarding your rights as well as help you fight the suspension of your driver's license.

You need to find a DUI attorney that is experienced in the state of Florida as well as in the county that you were arrested. There are quality DUI lawyers that will file all the necessary paperwork as well as work with their clients to ensure that their driving privileges are kept intact or that only minimal suspension occurs as well as the avoidance of other punishments such as jail time.

The Florida Driving Under the Influence (DUI) applies to those that:

Throughout the state of Florida, the Department of Motor Vehicles is very strict with their 10-day rule. If you do not know the law or how to proceed to protect your rights and your driving privilege, you could find yourself without a driver's license for up to 18 months as well as harsher punishments. This is why it is imperative to contact a DUI attorney as soon as possible. The only way to ensure your rights is to contact a DUI attorney to work with you in order to file all the necessary papers for a special hearing as well as fight for your driving privilege.

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Absorption Rate:
Absorption rate is the rate in which alcohol that is consumed travels into the blood stream. Alcohol that stays in the stomach is absorbed slower. The rate of alcohol that is absorbed into the body is affected by the amount of food that is eaten, the person's biologic differences, and the type of alcohol. When a person drinks for hours, the absorption of alcohol as well as the burnoff will happen at the same time.

Administrative License Suspension:
Administrative License Suspension is a law that when a person has a blood alcohol concentration level over the limit or if a person refuses to take a blood or breathe analysis test after being pulled over by an officer allows for immediate suspension of the driver's license. This justifies the suspension of a driver's license prior to the charge of DWI (driving while intoxicated).

BAC:
BAC is the abbreviation for blood alcohol concentration. The blood alcohol concentration is the amount of alcohol that is found in the bloodstream. The blood test, urine test, and breathe test will provide a percentage amount of alcohol that was found in the bloodstream. This percentage allows officers to determine if a driver is considered 'legally drunk'. Every state in the United States has a specific percentage amount that the BAC can be which as of May 2007 was adopted to be 0.08%.

Blood Test:
Blood test when pertaining to DUI and DWI is a test that measures the percentage of alcohol that is found in the bloodstream.

Breathe Test:
The Breath Test when pertaining to DUI and DWI is a test that measures the alcohol level in a driver's breath that is suspected of driving while drinking. The accuracy of this test depends on the machine receiving air that is in the lungs as well as a mathematical formula to decide the blood alcohol level.

Breathalyzer:
A breathalyzer is a machine carried by officers of the law that is used to measure the blood alcohol level with a breath test for individuals that are suspected of driving under the influence of alcohol.

Burnoff Rate:
Burnoff rate is the rate that consumed alcohol burns off or is metabolized by the body. When the body is burning off alcohol the level of alcohol in the body lowers.

DUI:
DUI is the abbreviation for Driving Under the Influence

DWI:
DWI is the abbreviation for Driving While Intoxicated.

Felony:
A felony is a severe crime such as rape, burglary, or murder. Felonies have a stricter sentence than misdemeanors and are categorized by degrees. A first-degree felony is the highest class with the highest fines/penalties. A 2nd degree felony is a lesser charge with lesser fines/penalties. In the majority of states across America, a DUI that causes bodily injury is classified as a 3Rd degree felony. If a death occurs due to the DUI, the felony may be raised to a 1st or 2nd degree felony. In some cases, for those that have been arrested prior for DUI or DWI will automatically be classified as a 1st or 2nd degree felony without an injury or death. Convicted felonies can receive time in state prison and not the local county jail.

High BAC:
High BAC is the limit of blood alcohol in the blood that results in maximum fines/penalties even for first offenders.

License Suspension:
A license suspension is the result of your driver's license being suspended by various court systems. During the suspension, you will not be able to drive a motor vehicle. You should check with a DUI lawyer to learn the laws in your state regarding the suspension of driver's licenses. A DUI attorney can help you retain the privilege of driving or retain the ability to drive to and from work.

Open Container Laws:
Open Container Laws are in several states in the United States. The law states that it is illegal to have any type of alcoholic container open in your vehicle. An empty beer can on the floor is considered an open container.

Probation:
Probation is the suspension of jail time given for good behavior. Probation is determined by your probation officer. If a person breaks the terms of their probation, they can be arrested and placed in jail for the full term.

Urine Test:
A Urine Test when pertaining to DUI and DWI is a test that measures the percentage of alcohol that is found in the bloodstream. This test is not always accurate as the urine is mixed with the different concentration of alcohol.

Zero Tolerance BAC:
Zero Tolerance BAC is a term used to determine the percentage of blood alcohol content for minors. According to the state laws, the percentage can range from 0% to 0.02%

Florida First DUI Offense

Florida Criminal Status: A DUI resulting in property damage is a 1st degree misdemeanor. A DUI resulting in severe bodily injury is a felony in the 3rd degree. A DUI resulting in a death is a 1st or 2nd degree felony and is considered DUI manslaughter.

Jail: The jail term for DUI is not over 6 months. If the BAC is over 2.0% or if a minor is in the car, the jail term will be not over 9 months.

DUI Fines/Costs: At least $250 but not over $500 ? If the BAC is over 2.0% or if a minor is in the car, at least $500 but not over $1,000

License Suspension: Driver's license can be suspended for 180 days up to one year

Violation of Zero Tolerance Law: For the 1st offense - license suspended for 6 months For the 2nd offense - license suspended for one year along with completing a Traffic Law and Substance Abuse program.

Conditional License: Yes, but they must complete a DUI school.

Vehicle Impound: The vehicle will be impounded for 10 days unless there is proof that the family has no other transportation.

DUI School: 1st conviction - has to complete 12 hours of DUI School prior to reinstatement for hardship cases. After reinstatement, if the person fails to complete the school in 90 days the driver's license will be cancelled.

Probation: Probation will be for a maximum of one year

Community Service: 50 hours of mandatory community service or $10 for every hour of community service that was required. The court can grant community service if the defendant does not have means to pay the fines.

Florida Second DUI Offense



Florida Criminal Status: A DUI resulting in property damage is a 1st degree misdemeanor. A DUI resulting in severe bodily injury is a felony in the 3rd degree. A DUI resulting in a death is a 1st or 2nd degree felony and is considered DUI manslaughter. A 2nd degree felony is given for the 3rd violation in a three-year period.

Jail: Not over 9 months - if second conviction is within 5 years of the first offense not over 12 months with a mandatory jail term of 10 days. Forty-eight hours of the jail term must be uninterrupted.

DUI Fines/Costs: At least $500 but not over $1,000 - If the BAC is over 2.0% or if a minor is in the car, at least $1,000 but not over $2,000

License Suspension: Driver's license can be suspended for 180 days up to one year. if second conviction is within 5 years of the first offense a minimum of 5 years suspension, but can be reinstated for hardship within one year.

Vehicle Impound: The vehicle will be impounded for 30 days if second conviction is within 5 years of the first offense, unless there is proof that the family has no other transportation.

DUI School: Has to complete 12 hours of DUI School

Probation: Probation will be for a maximum of one year

Community Service: The court can grant community service if the defendant does not have means to pay the fines.

Florida Other DUI Offense


Commercial Vehicle: For individuals with commercial license the Blood Alcohol level over .04 will result in the suspension of the driver?s license for one year for the first offense. The same applies is the driver refuses a breath test. For 2nd offense, the license will be revoked permanently. There are no hardship provisions with commercial drivers.

Under Age: In Florida, the legal age to drink alcohol is 21. How long does a DUI stay on your record? A DUI in the state of Florida stays on your driving record indefinitely.

Driver Responsibility Tax: Not applicable

Ignition interlock device program: 1st offense - at least 6 months
2nd offense - one-year mandatory ignition interlock device The most imperative thing to remember in the state of Florida is that if you or your DUI attorney does not act and file for a special hearing, you waive the rights to challenge any suspension of your drivers license. The DUI ticket you received when pulled over will be able to be used as a driver?s license during that 10-day period as long as your licenses were valid at the time of the arrest. Contacting a DUI lawyer will ensure your driving privileges are not suspended.

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