The Importance of the First 10 Days after a DUI

If you are arrested in Florida for a DUI, the clock starts to tick right away regarding the consequences you face. You have a period of 10 days from the day you are arrested to take action and save your license. In most cases, it is best to hire a criminal defense lawyer in Miami to fully understand your rights and options. The first 10 days after DUI are important.

The fact is, the length of your license suspension depends on if you refused to take a breath test, or if you took the breath test and the reading was over .08%. The police will suspend your license for one year if you refused the test. The courts will automatically suspend your license for six months if you took the test and the reading was .08% or higher. Have you ever had your license suspended for a DUI in the past, you are facing a suspension of 18 months.

What to Expect after Your Arrest

During the first 10 days after DUI arrests, you will have three options to choose from. Discussing these options with your criminal defense lawyer in Miami will help ensure you know what option is best for you and what to expect.

Option 1: Take No Action

The first option is to not take any actions. The court will then enact the suspension and you’ll lose your ability to drive. The suspension will last for the mandated period of time.

Option 2: Request an Administrative Review Hearing

The purpose of this hearing is to determine if the officer had probable cause to arrest you for the DUI. The department will issue you a permit that will expire within a period of 45 days after the hearing. This gives the court plenty of time to have the hearing.

The court will overturn the license suspension if the Administrative officer discovers there was no probable cause. However, if there was probable cause for the arrest, you will receive a hard suspension of 30 days (if your alcohol level was under .08%) or for 90 days if you didn’t submit to take a breath test before you can apply for a BPO (Business Purposes Only) license.

Option 3: Immediately Receive a BPO License

You can waive the right to an Administrative Hearing if you want to be eligible to receive a BPO license. This is an option is only available to you if you have never had a DUI conviction or administrative suspension. To be eligible, you have to enroll in DUI school.  Also, you must provide proof of enrollment to the DHSMV before you can receive the license.

If the police ever arrest you for a DUI, you should seek legal representation from a qualified criminal attorney. The first 10 days after DUI charges can be scary. You can hire a lawyer to ensure your rights are protected. You can find additional help and information at The Hansen Law Firm by calling (305)-760-4393.

Author: M. G. Hansen

Marcia Giordano Hansen has been practicing law for almost 20 years. During this time, she has worked for the government at the Miami Dade Public Defender’s office representing indigent clients accused for state criminal offense; for an insurance defense firm wherein she represented doctors sued for medical malpractice and entities sued for negligence; and for a private white collar criminal defense firm practicing white collar crime defending individuals accused of social security fraud, Medicare fraud, drug trafficking and other federal crimes. Her wide range of knowledge in these different areas of law, coupled with the teachings of some of the most well respected legal minds in the country gives her a unique skill set which has benefited all of her clients resulting in victory and success in each case she has handled. Mrs. Hansen, in her own practice, has handled criminal defense cases, personal injury cases and real estate disputes. She speaks Spanish, French and is proficient in Italian which enables her to represent clients from all over the world. She is dedicated to the growth and success of Hansen & Taylor and prides herself in giving VIP treatment to each and every client. Marcia lives in Coral Gables with her husband and daughter. She is an avid sports fan, an animal lover and political junkie. She is also a supporter and member of the Board of Executive Relations for the Special Olympics of Miami, an organization dedicated to the well being of children and adults with disabilities.

What Past Clients Say

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I met with several attorneys and I didn’t feel comfortable with any. Marcia walked me through the process and explained everything to me in detail. She was clear and very communicative throughout the ordeal. I recommend Marcia to anyone going through any type of criminal / legal matters.

Jose Martinez 5 March 4, 2019


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