10-Day Rule: Protecting Your License After a DUI in Tampa

After a DUI arrest in Florida, you only have 10 days to act before your driver’s license is automatically suspended. This brief window is critical — missing it can cost you the ability to drive legally for months.

At Roussos Law Group, we help clients take immediate action to protect their driving privileges and request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Our legal team understands the tight deadlines and procedures that can make or break your case.

Understanding the 10-Day Rule in Florida

Under Florida Statute §322.2615, when a driver is arrested for DUI or refuses to submit to chemical testing, their license is automatically suspended on the 10th day following the arrest, unless they request a formal or informal review hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Under Fla. Stat. §322.2615, a 10-day temporary permit is issued if you are arrested for a DUI-related offense and are otherwise eligible. This permit is issued along with the citation and notice of suspension.

To maintain driving privileges beyond those 10 days, you must take one of the following actions:

  • Request a Formal Review Hearing — to challenge the suspension and contest whether law enforcement followed proper procedures.
  • Apply for a Hardship License — if eligible, to allow limited driving for business or essential needs.

 

Failure to act within this period results in an automatic suspension6 months for a first DUI or 1 year for a first refusal.

Florida Penalties and Legal Consequences

Once the 10-day period expires, the suspension begins automatically unless a hearing request is filed.

Typical suspension durations under §322.2615:

  • First DUI (BAC ≥ .08%) — 6 months
  • First Refusal to Test — 1 year
  • Second Refusal to Test — 18 months and a separate criminal charge
  • Second DUI (within 5 years) — 5 years

 

Administrative suspensions are separate from the criminal DUI case and can occur even if charges are later reduced or dismissed.

This summary is provided for educational purposes and may not reflect recent statutory changes. Always consult an attorney for advice specific to your case.

How Roussos Law Group Can Help

At Roussos Law Group, we act quickly to safeguard your ability to drive. Our team handles every stage of the DHSMV process to preserve your rights and prevent unnecessary suspension.

Our services include:

  • Filing a formal review hearing request within the 10-day deadline
  • Challenging the probable cause for the stop or arrest
  • Reviewing breath test procedures and calibration records
  • Securing a temporary driving permit for eligible clients
  • Representing you at the administrative hearing and ensuring procedural compliance

 

Because administrative suspensions operate independently from criminal court, early intervention by an experienced DUI defense attorney is essential.

Steps to Take Immediately After a DUI Arrest

Time is crucial. Follow these steps as soon as possible after a DUI arrest in Florida:

  • Contact a DUI defense attorney immediately.
  • Do not delay — you have only 10 days to request a hearing or hardship license.
  • Keep your citation — it acts as your 10-day temporary driving permit.
  • Gather all arrest paperwork and test results.
  • Enroll in DUI School (required for hardship eligibility).
  • Avoid driving after the 10-day period unless your attorney confirms permit validity.

Frequently Asked Questions

What happens if I miss the 10-day deadline?

Your license suspension automatically begins, and you lose the right to challenge it. You may still apply for a hardship license later, if eligible.

Can I drive during the first 10 days after my DUI arrest?

Yes, as long as the officer has issued you a 10-day temporary permit and a notice of suspension. The officer will confiscate your license, issue you a citation, a 10-day temporary permit, and a notice of suspension at the time of your DUI arrest, but it expires at midnight on the 10th day unless extended through a hearing request.

Is the DHSMV hearing the same as my court case?

No. The DHSMV process is administrative and separate from the criminal DUI prosecution.

What happens at the hearing?

Your attorney can question the arresting officer, review evidence, and argue against license suspension based on procedural or evidentiary issues.

How long does it take to get a hardship license?

If eligible, you can usually apply after enrolling in DUI School and serving any mandatory “hard suspension” period, which is 90 days after your last temporary permit expired.

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Frequently Asked Questions

What happens if I miss the 10-day deadline?

Your license suspension automatically begins, and you lose the right to challenge it. You may still apply for a hardship license later, if eligible.

Can I drive during the first 10 days after my DUI arrest?

Yes, as long as the officer has issued you a 10-day temporary permit and a notice of suspension. The officer will confiscate your license, issue you a citation, a 10-day temporary permit, and a notice of suspension at the time of your DUI arrest, but it expires at midnight on the 10th day unless extended through a hearing request.

Is the DHSMV hearing the same as my court case?

No. The DHSMV process is administrative and separate from the criminal DUI prosecution.

What happens at the hearing?

Your attorney can question the arresting officer, review evidence, and argue against license suspension based on procedural or evidentiary issues.

How long does it take to get a hardship license?

If eligible, you can usually apply after enrolling in DUI School and serving any mandatory “hard suspension” period, which is 90 days after your last temporary permit expired.