If you've been charged with DUI, you have only 10 days to challenge your license suspension. Act now.
Available 24/7The 10-day clock is already running
If you have been charged with driving under the influence, you'll have to think quickly in order to preserve your license. There are just 10 days to challenge the administrative suspension of your driver's license (Fla. Stat. § 322.2615). Fail to challenge it and the suspension goes on your driving record, where the DMV keeps it for 75 years.
We want to keep you driving, so we will fight your DUI by conducting a thorough examination of the evidence. Our goal is to have the charges dismissed or reduced so that your license won't be revoked.
We start by filing the proper legal documents with the DMV, and you will often have your temporary license the same day. We then enter a plea of not guilty in your criminal case and begin gathering the evidence to challenge your DUI. In most cases, you will not have to appear in court, because we can appear on your behalf.
A DUI arrest starts two separate cases in two separate places, and it helps to keep them apart in your head: the DMV suspends, and the court convicts. The DMV case is about your driver's license and your driving record. The criminal case is about a conviction and your criminal record. Winning one does not automatically resolve the other, so we handle both.
If arrested for DUI and you provided a sample above the legal limit of .08, or if you refused to provide a sample, your license is taken and forwarded to the Florida DMV. You only have 10 days following your arrest to challenge this suspension.
Q: I didn't know I only had 10 days. Can I just explain this to the DMV?
A: No. Not knowing about the deadline will not excuse you from the 10-day timeframe. There are defenses in certain circumstances, so contact our office for details.
Q: What happens if I win the DMV administrative hearing?
A: Your license will be reissued and the suspension will be removed from your driving record. This saves you from higher insurance premiums, inability to rent a car, and many other negative effects.
Q: Can I get a hardship license even if my license has been suspended?
A: Yes. In most circumstances a hardship license is available for first-time offenders after a 30- or 90-day period has passed from the date of suspension.
Florida Statutes 316.193 and 316.1932 explain the criminal sanctions for a DUI. If you are a first-time offender found guilty, you may face:
A DUI becomes a felony in two situations: a 3rd DUI within 10 years of a prior conviction, and a 4th DUI at any time, no matter how old the earlier ones are. A felony DUI can mean a maximum of 5 years in prison and probation from 1 up to 5 years, among other sanctions.
| Penalty | Minimum | Maximum |
|---|---|---|
| Fine | $1,000 | $2,000 |
| Fine (BAC ≥ .15 or minor in vehicle) | $2,000 | $4,000 |
| Jail Time | 10 Days | 9 Months |
| License Suspension | 5 Years | |
| Vehicle Impoundment | 10 Days; 30 Days if within 5 years | |
| Ignition Interlock Device | Minimum 1 Year | |
| Penalty | Minimum | Maximum |
|---|---|---|
| Fine | Up to $5,000 | |
| Fine (BAC ≥ .15 or minor in vehicle) | $4,000 | $5,000 |
| Jail Time | 30 Days (mandatory) | 5 Years in Prison |
| Probation | 1 up to 5 Years | |
| License Revocation | At Least 10 Years | |
| Vehicle Impoundment | 90 Days | |
| Ignition Interlock Device | Minimum 2 Years | |
A 3rd DUI more than 10 years after the last conviction is a misdemeanor, with a fine of $2,000 to $5,000 and up to 12 months in jail.
| Penalty | Minimum | Maximum |
|---|---|---|
| Fine | $2,000 | $5,000 |
| Jail Time | No Mandatory Minimum | 5 Years in Prison |
| Probation | 1 up to 5 Years | |
| License Revocation | Permanent | |
A felony DUI can mean a maximum of 5 years in prison and probation from 1 up to 5 years, among other sanctions.
Q: I have been told a DUI will "fall off" my record after 3 to 5 years. Is that true?
A: No, and there are two records to think about. The administrative suspension stays on your DMV driving record for 75 years. A DUI conviction stays on your criminal record permanently, because Florida does not allow a DUI conviction to be sealed or expunged. Either one can be used by insurance companies to raise your rates, by employers to deny employment, and by the State Attorney to enhance a future DUI charge.
Q: I wasn't read my Miranda rights. How will this affect my case?
A: Generally, the Miranda warning only applies if you have been placed under arrest and are being interrogated. Information you offer prior to arrest is fair game. There are exceptions that vary case-by-case.
Q: I only had prescribed medication in my system. How can I be charged with DUI?
A: You can be charged with DUI on your own prescribed medication if it impairs your ability to walk, talk, hear, observe, and perceive. There are many defenses available in these situations.
No jail
Pinellas County felony DUI arrest for a fourth DUI, punishable by up to 5 years in prison. After several months of negotiation, the case was resolved with no jail, treatment, and minimum DUI sanctions.
No conviction
DUI arrest after the client was found passed out behind the wheel at the entrance of a busy gas station. After several months of litigation, and presenting details that were not available during the initial investigation, the State agreed to amend the charge to reckless driving with no conviction.
Every case is different. Past results do not guarantee, warrant, or predict the outcome of your case; results depend on the unique facts and legal circumstances of each matter.
Our office offers payment plans through Affirm. Depending on your fee and your credit, you may be able to finance your full fee, subject to approval.
A free, confidential consultation is the fastest way to understand your options and decide on your next step.
