DUI Arrest? You Have 10 Days.

Contact a Tampa DUI Lawyer Before It's Too Late!

DUI arrests can be complicated. Immediately following an arrest, you will face two separate cases: the criminal and the administrative case. While the criminal case is serious enough, the administrative case requires immediate action. If you do not act quickly, you could lose your driving privileges.

You have 10 business days from the date of your Tampa DUI arrest to schedule a DMV hearing, or you will lose the chance to keep your driver's license.

You must contact a Tampa DUI lawyer as soon as possible. The attorneys at Thomas & Paulk have handled thousands of cases like this before, helping our clients keep their licenses for months before their DUI trials. If you have school or a job, this is simply not an opportunity you can afford to ignore.

Act Immediately to Save Your License

In Florida, if you have been pulled over and refused to take a blood, breath, or urine test or had a BAL over 0.08%, your driver's license will be automatically suspended. It will stay that way unless you request a formal hearing with the Florida Department of Highway Safety and Motor Vehicles. The purpose of this DMV hearing will be to challenge the suspension. The process of the formal hearing is explained under Florida Statute §322.2615. It will be held by a hearing officer who works at the DHSMV. It is very similar to the informal hearing, except that an informal hearing will allow for the inclusion of witness testimonials and evidence.

However, just because this hearing, along with the criminal hearing, will address your driving privileges does not mean that they are interconnected. In fact, it is just the opposite—they are entirely independent of one another. While the criminal case deals with the question of your guilt, the DHSMV hearing is an administrative process that deals only with the issue of your right to drive. It has nothing to do with whether or not you performed a criminal act. It only has to do with the circumstances of your arrest.

Questions that will be asked and answered during the formal hearing include:

• Did the officer have reasonable cause to think you were under the influence?
• Did the officer lawfully place you under arrest?
• Did you drive the vehicle with a BAL over 0.08 percent?

If you refused to BAL tests, they may also ask:

• Were you told that failure to submit would result in license suspension?
• Did you refuse to submit after being requested by the officer?

The 10-Day Rule & The Importance of Hiring a DUI Lawyer

The 10-day rule is one of many reasons you should move quickly to involve an attorney if you or someone you know was arrested for driving under the influence. Under this rule, waiting too long to schedule your DMV hearing may mean that you will lose your license, something that may impact your employment, education, family live, and your overall day-to-day quality of life.

It’s important to note that the outcome of this case does not reflect the eventual outcome of your criminal case. For example, if the DHSMV allows you to keep your license, you’re still at risk of getting convicted. Similarly, if the DHSMV takes away your license, it does not mean that you won’t win your criminal case. However, the evidence used at the hearing is admissible in court.

A DUI attorney can immediately schedule your license suspension hearing. After scheduling your hearing, your attorney can start building a case to protect your future. If your license is suspended after the DMV hearing and you are later acquitted or your case is dismissed, your driving privileges will be restored. Due to the importance of both proceedings, you need high-quality legal representation.

Get Experienced Help Today

At Thomas & Paulk, P.A., we’ve successfully handled thousands of cases. Our lawyers are skilled in handling both aspects of drunk driving cases for clients throughout Tampa, Hillsborough County, and South Florida. We can help you with your DMV hearing and can protect your rights in your criminal case. We have the knowledge necessary to handle both sides of your case. Call today to learn more!

Get your free initial consultation with Thomas & Paulk today by calling (813) 321-7323 or contacting us online. We're here to help you!