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The 10 Day Rule
Florida DUI Laws Say You Lose Your License Immediately

When a person gets arrested for a DUI in Florida, that person faces the immediate loss of his or her driver’s license. Florida law mandates an immediate suspension for any person who is arrested and refuses to submit to a breath alcohol test. The law also requires an immediate suspension of the driver’s license of any person who submits to a breath alcohol test, and gets a reading of .08 or higher.

Lengthy License Suspensions

For those who refuse a breath alcohol test, the immediate suspension is for one year, or eighteen months if the person has refused a breath test before.

For those who are victimized by the machine claiming their breath alcohol level is .08 or higher, the suspension is for six months.

How to Get Your License Back After a DUI – Act Quickly!

10 Days to Challenge

If you want to challenge the legality of this immediate suspension, you can, but you must act within the first 10 days after your arrest, or just forget it.

As your attorney, our office can do this for you, or you can do it yourself, but someone will need to file a proper demand for a challenge to the suspension. The challenge is called a Formal Review. If you demand one time, they have to give it to you. And if you are otherwise still eligible to drive, you can often get a temporary driving permit, so you can keep driving while this challenge is proceeding.

A Formal Review of Your Arrest

The Formal Review is a “courtroom-type” of a proceeding, which can and often does involve actual sworn testimony by the police officers who made the traffic stop, the arrest and/or administered the breath test, or offered it.  As your defense attorney we can cross-examine the police, present other evidence in your favor, and present legal authority in an effort to show that the suspension of your license is wrong, and should not be allowed.

How do you know if you have truly exceeded the legal limit?  We will help you find the accurate results to your sobriety test. We are experienced with the Intoxylizer 8000 and have a deep understanding in how to prove inaccurate test results. As a co-author of The DUI Book, a leading source on DUI law and regulations in Florida, Attorney Michael Kessler has a thorough knowledge of how to get your license back after a DUI charge.

Once you have received your license, you will need to work with your lawyer further to dismiss or lessen your charges. No matter if you are unsure what to do after a DUI, need legal counsel regarding license suspension, or assistance reducing your charges, we will represent you. Call immediately, a single step is all it takes to get the freedom you deserve.

Fort Pierce: 772-466-4900

Port St. Lucie: 772-871-0044

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Disclaimer: At the Kessler Law Firm, we treat every client and case individually. We do not run a factory or cookie-cutter business. While we cannot guarantee how your case will end, we do guarantee the quality of our work and our dedication to helping you achieve the best possible outcome. Of course, the information provided on this website is not legal advice about your case; any exchange of info via this website does not create an attorney-client relationship.

Cities we service in FL: Port St. Lucie, Fort Pierce, Stuart, Vero Beach, Delray Beach, West Palm Beach

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