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Florida’s 10-Day Rule & The Formal Administrative Hearing

You have just TEN DAYS from the date of your arrest to file your request for a formal administrative review of the administrative suspension of your driver’s license.

Challenging the suspension by demanding a formal review of the allegations is, without a doubt, the most important step in protecting your right to drive and in defending the DUI charge itself, because:

You are entitled to a temporary driving permit, good for approximately 42 days;

You are entitled to examine all documents submitted by law enforcement and question all relevant witnesses, especially the arresting officer and the breath test operator;

The evidence may not support the continued suspension of your driver’s license, so you may be able to get your license back.

What I Can Do For You:

When someone hires me to represent them in their DUI case, I perform the following services at no extra charge:

Filing the necessary paperwork for a formal review;

Obtaining and if necessary, personally delivering your temporary driving permit to you;

Reviewing the documents submitted by law enforcement prior to the hearing, in an attempt to spot issues that may affect your suspension or your criminal DUI charge;

Preparing and serving subpoenas for any law enforcement officers or witnesses listed in the documents that require them to attend the hearing;

Attending the hearing, vigorously questioning the witnesses against you, and arguing for the invalidation of the suspension of your driver’s license.

Although the issues to be considered at the formal hearing are quite limited in scope, I have been able to invalidate the license suspensions of many of my clients. Just as importantly, the recorded sworn testimony of the officers and other witnesses at the hearing may have a direct bearing on the disposition of your separate criminal charge of DUI, as it has with many of my prior clients.  Taking what I learn about the case from witness testimony at the formal hearing, I may be able to negotiate a better result for you than I otherwise might have been able to, or the testimony from the hearing may “lock in” the statements of the witnesses so they could not later testify differently at trial.  Although you have a right to be present for the hearing, it is not necessary for you to be there if you have an experienced attorney like Christopher J. Jacobs working on your behalf.

Please do not let this valuable opportunity slip away by not acting within ten days of arrest.  Contact my office immediately!

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