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License Suspension

THE FLORIDA 10-DAY RULE

Contact Panama City DUI attorney Tom Hutton to find out what the 10-Day Rule is and why it is so important that you act quickly to keep your license from being suspended.

“When can I legally drive again?”

You were given a temporary driving permit (usually yellow, sometimes white) from the police officer who arrested you for DUI.  This temporary license is good for 10 days only.

Within this 10-day period your Panama City DUI attorney needs to file an Application For Formal Review with the state of Florida in order to increase the amount of time that you can drive and to fight your DUI suspension.

If you fail to take action within this important 10-day period you can expect to be suspended for a definite period of time.

The length of your Florida driver’s license suspension after this 10-day period depends upon (1) whether you provided a breath sample and (2) whether you have previously been arrested for DUI. 

This simple chart should clarify your situation: 

1st DUI arrest/Breath Sample Provided   

  • 6 months of administrative suspension
  • (Call my office to find out how to get a hardship license)
  • Up to 1 year of criminal suspension if convicted

1st DUI arrest/Refuse to Provide Breath Sample

  • 1 year of administrative suspension
  • (Call my office to find out how to get a hardship license)
  • Up to 1 year of criminal suspension if convicted

2nd DUI arrest/Breath Sample Provided

  • 1 year of administrative suspension
  • (Call my office to find out how to get a hardship license)
  • Up to 5 years of criminal suspension if this DUI arrest is within 5 years of your previous DUI conviction

2nd DUI arrest/Refuse to Provide Breath Sample

  • 1 ½ years of administrative suspension
  • (Generally, there is no hardship license available in this situation unless your attorney convinces the state that you were wrongfully accused)
  • Up to 5 years of criminal suspension if this DUI arrest is within 5 years of your previous DUI conviction.         

One of the most valuable services that your Panama City DUI attorney can offer at the beginning of your case is helping you obtain your Business Purposes Only (hardship) license from the state of Florida.

Additionally, Panama City DUI attorney Tom Hutton can increase the amount of time that you are able to drive on your temporary license by filing paperwork on your behalf with the Department of Highway Safety and Motor Vehicles (DHSMV).

Importantly, you have only 10 days from the date of your arrest to challenge the suspension of your driver’s license with the DHSMV.  The time limit does not impact your criminal charge, but the time limit is very important in regard to your driving privileges while the criminal charge is pending.

If you want help getting your license back and fighting your DUI arrest contact The Law Office of Thomas M. Hutton immediately.

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Address: 475 Harrison Avenue Suite 100 Panama City, Florida 32401 Phone: (850) 215-DUI1 (3841)