The Ten Day Rule
For many people, the potential loss of their ability to drive is their most immediate concern following a DUI arrest. If the arrested driver refused to submit to the officer’s tests, or if his blood alcohol results were over the .08 limit, then his or license will be suspended the the Department of Motor Vehicles ten days after the arrest. This suspension is completely unrelated to the criminal case. Even if the driver’s Tampa DUI Attorney can ultimately win his criminal case tomorrow, he will have his license suspended today if he does not request a formal review hearing and contest the suspension within ten days of his DUI Arrest.
The Ten Day Rule: Keeping You Driving
A DUI attorney can keep the driver on the road after the ten days expire. The DUI Attorney will petition the DMV for a “formal review”. Due Process applies, meaning your DUI Lawyer can call witnesses (ie. the arresting officer), cross examine him, and introduce evidence. In between the hearing and the request for formal review, the DUI Lawyer gets a 42 day permit for the client. This keeps the client on the road for, at the very least, an additional 42 days.
Preparing for the Administrative Hearing: The Game Plan
In preparation for the formal review hearing, the attorney gets the police reports and affidavits from the driver’s license bureau. If he discovers upon reviewing the packet that the arresting officer made a legal mistake in handling the DUI arrest, the attorney may decide not subpoena the officer, and argue the results in the “packet” at the formal review hearing. If the administrative review hearing official agrees, the attorney may be able to get the administrative drivers license suspension tossed out. In that case, the driver would immediately receive his full unrestricted license back.
However, if the officer did everything by the book, crossed his T’s and dotted his eyes, then the attorney may choose to subpoena the officer for the hearing. If the officer shows up, a Driving Under the Influence attorney in Tampa can use this valuable time to get information from the officer to build his defense on the criminal charge. If the officer does not show up, the DUI attorney can ask that the DMV reinstate his client’s driver’s license.
If the DUI Attorney Wins the Hearing
If the DUI Attorney ultimately wins the DMV hearing, then you will get your license back– immediately! No suspension, no more hardship permit, no more 42 day permit. there is no cost for reinstatement.
If the DUI Attorney Loses the Hearing
Even if your DUI Lawyer loses the hearing, you have still won by fighting the suspension. That’s because you have delayed your suspension until you have made other plans for transportation, and your attorney has been able to cross examine the cop in your case before the actual criminal case has begun! This additional discovery gives your dui lawyer a chance to “test drive” the case.
Of course, if the driver goes to see his attorney 11 days after his DUI arrest, a request for a formal review would be untimely, and deemed waived. That means on day 11, the drivers license suspension would be in effect.
Contact a Criminal Attorney Today
If you have been arrested or charged with DUI and your licenses suspended, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a DUI attorney.
