10 Day Rule
Fort Lauderdale DUI Lawyer – Miami Criminal Attorney
If you have been arrested for a DUI in Fort Lauderdale or Miami Dade County, you need to contact one of our experienced DUI Defense Attorneys ASAP to protect your rights. If this is your first or even second DUI, it is imperative that we begin fighting for your privilege to obtain a hardship license within the first 10 days of your arrest because if no action is taken within that ten day period, your suspension becomes final. If you qualify for a hardship license and we are able to restore your privilege to drive, the DMV will then review your case to determine the length of your suspension. The DMV will review several different factors in this determination, including whether or not you took a breathalyzer test or urinalysis and, if so, the results of those tests.
The Florida 10 day DUI rule may apply to you, if:
- You refused to take a breath or urine test after the arrest
- You registered a .08% or higher on your breath test
- Officer states that you refused to take any of the tests
- Your were under 21 at the time of the arrest with a BAC of .02% or higher
- You have a commercial license at the time of the arrested with a BAC of .04% or higher
- You were arrested for DUI and have no knowledge of your BAC results
Our Miami DUI Attorney Can Help You
Once the DMV determines the length of your suspension, which can vary from 30 to 90 days of no driving during the total suspension of 6 to 18 months, the case will next proceed to trial in the criminal court system. We are often times successful in winning the DMV hearing, which will then reinstate your driving privileges pending resolution of the court case. If not, we have at least had the opportunity to speak to the police officer under oath and are better able to evaluate the merits of your case for trial.
From there, we will analyze all of the evidence and determine if the police had probable cause to pull you over or arrest you. Often time’s overzealous Fort Lauderdale or Miami DUI police officers operate outside of the law in order to secure an arrest. In addition, we have been working in the Fort Lauderdale and Miami court systems our entire legal careers, and have developed relationships with the prosecutors and judges who will be handling your case. Through effective communication we are able to assist our clients in obtaining the best plea bargain. If that isn’t good enough, we will fight for your rights in trial.
Contact Andrew J. Smallman in Fort Lauderdale at (954) 661-7371 or Harris W. Gilbert in Miami or Tallahassee at (786) 371-4431. We offer free consultations and payment plans if necessary. Let our experience assist you in your DUI defense.