Can you drive after a DUI arrest in Florida?

If you’re arrested for DUI, your life will change immediately. Your driver's license could be suspended immediately after a DUI arrest in Lee County, Fort Myers, or Cape Coral. 

Fortunately, you can fight to protect your driving privileges with fast action and the assistance of our experienced DUI defense lawyers at the Law Offices of Robert David Malove. Attorney Robert Malove is a founding National College for DUI defense member and Florida Bar Board Certified as an “expert/specialist” in criminal trial law. He and his legal team will utilize every available defense strategy to help you have the charges dismissed or reduced to a lesser offense. 

What Is DUI in Florida?

In our state, you can be charged with driving under the influence (DUI) under Florida Statute §316.193(1) if you are in physical control of a vehicle and:

• Have a blood alcohol content (BAC) of 0.08% or more
• Are under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that your normal faculties are impaired

DUI penalties increase for repeat offenses, high BAC levels (0.15% or more), and having a minor in the vehicle. Consequences may include fines, jail time, license suspension, installation of an ignition interlock device, and other penalties.

What Happens to Your License After a Lee County DUI Arrest?

When you're arrested for driving under the influence in Florida, the clock starts ticking on your license. The police officer will immediately confiscate your driver’s license. 

Two suspensions begin the moment you're booked:

• An administrative suspension from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) on day 11 after your arrest
• A court-ordered suspension if you're convicted

The DMV’s Suspension

By driving in Florida, you've agreed to take a breath, blood, or urine test if suspected of DUI. If you refuse that test or have a BAC of .08 or higher, the DMV will administratively suspend your license. Here is how long your license could be suspended:

• Up to 12 months for a first refusal
• Up to 1 year for a first unlawful BAC
• 18 months for a second refusal
• 5 years for a second unlawful BAC

Suspension After a DUI Conviction

If you're ultimately convicted of DUI, the court will also order a license suspension of:

• At least 180 days for a first conviction
• At least 5 years for a second conviction within 5 years
• At least 10 years for a third conviction within 10 years

What Is Florida’s 10-Day Rule? 

You are allowed to drive for 10 days after your DUI arrest using your DUI arrest ticket. You can only drive for specific reasons, such as going to work, driving to the grocery store, and meeting with your attorney.

To fight this suspension, you must request a formal review hearing with the FLHSMV within 10 days of your arrest. This is referred to as the 10-day rule. If you don't, your suspension automatically takes effect on the 11th day.

Why You Shouldn't Drive on a Suspended License After a DUI Arrest

Driving on a suspended license is a separate criminal offense in Florida. You could face these penalties in addition to any DUI punishments:

• Up to six months in jail and a $5,00 fine for a first offense
• Up to one year in jail and a $1,000 fine for a second or subsequent offense

It's critical to avoid another criminal charge while your DUI case is pending. Being caught driving illegally will only hurt your chances of reinstating your license and successfully fighting your DUI charges.

How Can You Get Your License Back After a Lee County DUI?

Protecting your right to drive after a DUI arrest requires immediate legal action. Our experienced Lee County DUI defense lawyers can help you:

• Request an administrative hearing. Our legal team will contest the DMV suspension within 10 days of your arrest to potentially avoid or delay the suspension from taking effect. We’ll also represent you at this hearing. 
• Apply for a hardship license. If you qualify, you may be able to obtain a restricted license that allows you to drive to work, school, medical appointments, or church during your suspension period. Our DUI defense lawyers will ensure that you meet the specific requirements for a restricted license.
• Reinstate your license. Once your suspension period ends, you can apply for full reinstatement of your license. This typically requires completing DUI school, treatment programs, paying fees, and providing proof of insurance. Our attorneys can guide you through the process. 
• Fight your DUI charge. Avoiding a DUI conviction in court is the most effective way to minimize the impact on your driving record. Building a strong defense from the start is crucial.

With your freedom and livelihood at stake, don't delay. Contact our trusted Fort Myers DUI defense lawyers today to build your strongest case for keeping you on the road. 

How Our Fort Myers DUI Defense Lawyers Can Help Protect Your License

At the Law Offices of Robert David Malove, we understand what's at stake when you're facing DUI charges in Lee County. Our skilled DUI defense attorneys can:

• Carefully review the facts of your case to identify weaknesses in the state's evidence and build your strongest defense
• Represent you at your administrative hearing to fight the DMV's suspension of your license
• Explore all options for obtaining a hardship license if you're eligible so you can drive for essential needs during your suspension
• Guide you through the reinstatement process and ensure you meet all requirements to get your full license back
• Fiercely advocate for your rights in court and work to achieve the best possible outcome in your DUI case by raising your defenses and entering into a favorable plea bargain if this is a good option for you

With extensive experience handling DUIs in Fort Myers, Cape Coral, and throughout Lee County, we know how to fight your DUI charges and strategically protect your driving privileges. Let us help you get your life back on track.