How to Save Your Florida Driver’s License Under the 10-Day DUI Rule

Last updated on March 25, 2026

Driving under the influence (DUI) is, by far, the criminal charge that most affects ordinary people. Being arrested for DUI could result in the suspension of your driver’s license, even if you are never convicted in court. Florida has an “implied consent” law, which means that if you refuse a police officer’s request to take a breath test, you can lose your license for up to 18 months.

What Is Florida’s 10-Day Rule Following A DUI Arrest?

In Florida, drivers have only 10 days from a DUI arrest to request an administrative hearing to contest the suspension of their license. Acting within this timeframe is crucial, as missing the deadline typically results in automatic license suspension. A Florida DUI defense attorney can guide drivers through the process, help gather necessary evidence, and represent them in the hearing to maximize the chance of keeping their driving privileges.

If you have been arrested on suspicion of DUI/driving while intoxicated (DWI), we encourage you to contact Aiken & O’Halloran immediately.

For a free consultation, please call us at 239-610-4116 or complete our contact form. Our DUI defense lawyers represent clients throughout Fort Myers and the surrounding areas.

Put Our Trial Lawyers On Your Side

Our veteran trial attorneys are experienced in not only effective cross-examination but also legal technicalities that could lead to a reduction or dismissal of charges. If this is your first DUI, then you need to thoroughly explore all your options before resolving your case. If this is not your first DUI charge, you may be facing mandatory jail or loss of your driver’s license for five to 10 years or, in some cases, life.

Contact us immediately for a free consultation on any of the following subjects:

• License revocations or suspensions
• Administrative hearings
• Breath test results
• DUI penalties
• DUI manslaughter/homicide
• Work permits
• Resisting arrest in connection with DUI
• DUI school
• DUI accidents
• License reinstatements
• College student DUI and spring break DUI
• Underage DUI

Please see our case results and client testimonials to get an idea of the high level of defense counsel and representation that our team provides.

What Happens After A First-Time DUI Charge In Florida?

Consequences of a First-Time DUI Conviction in Florida (2026

While consequences can depend on individual circumstances, those found guilty of DUI in Florida can expect expensive fines and potential long-term jail time. First-time offenders in Florida can expect to pay between $500 and $2,000 in fines and spend up to six months in jail. Some first-time offenders may even be required to perform a certain number of hours of community service. For those found guilty of a second or third DUI conviction, the fines and jail time are nearly double those of first-time offenses.

Key Drunk Driving Statistics In Florida

Drunk driving is very common in the Sunshine State, particularly due to its reputation as a prime vacation and tourism destination. Many people are coming here on vacation or for spring break, for example. There is a strong beach and nightlife culture, which can lead to more driving under the influence (DUI) incidents.

To see exactly how this plays out, let’s look at some of the most important statistics.

Drunk driving arrests: Law enforcement makes tens of thousands of annual drunk driving arrests. In 2019 alone, police officers made more than 24,000 arrests. However, this does not mean all of them resulted in DUI convictions.

Many people face arrest and then succeed in having the charges dropped due to factors like insufficient evidence, faulty breath tests and procedural mistakes by police officers, to name a few. Others demonstrate that they were not impaired to begin with – perhaps they were just fatigued or nervous during the traffic stop, causing them to fail field sobriety tests even though they were not impaired.

Traffic deaths: It is also important to consider how many people suffer serious injuries or pass away in drunk driving accidents. In 2019, 814 people lost their lives in accidents involving alcohol. Some of them were intoxicated motorists, while others were simply drivers or passengers in other vehicles. Either way, this number shows that more than a quarter (26.7%) of total road fatalities are related to alcohol.

Underage drinking: As noted above, Florida is a hotspot for spring breakers and tourists, many of whom are underage. In 2019, the police arrested 4,116 individuals under the age of 21 for driving under the influence.

It is important to note that zero tolerance laws mean that someone under 21 can be arrested if a breath test demonstrates almost any amount of alcohol in their system. In simple terms, this means the legal limit for minors is lower than the 0.08% that the legal limit for adult drivers. A motorist who is just 16 could face arrest with a BAC of 0.02%, for example, which may not even require consuming an entire drink.

DUI arrests can have serious ramifications at any age, but especially for underage drivers. Those who are facing such charges must understand the legal options at their disposal. Our experienced team of DUI defense attorneys can help.

How Long Can A DUI Stay On Your Record?

In Florida, a DUI conviction can often stay on your record for 75 years, and the state does not let drivers expunge these charges. The Sunshine State’s punishments for those found guilty of a DUI can be unforgiving, so it’s vital to seek experienced legal counsel to help you aggressively fight these charges.

There May Be Flaws In The Case Against You

Your stop may have been the result of a routine checkpoint or a minor traffic infraction. Typically, a DUI arrest is based simply on the officer’s opinion that you did not perform to the officer’s satisfaction on a series of so-called voluntary roadside sobriety exercises. Additionally, Breathalyzers and Intoxilyzers are not infallible. Operators of these machines do make mistakes. A single officer’s biased opinion may have been enough for an arrest, but often, the officer’s opinion is insufficient for a conviction in court.

Will You Lose Your Job If You Get A DUI?

Yes, but the possibility of losing your job if you get a DUI will greatly depend on your job requirements and workplace policies – and whether or not you are convicted.

In general, the odds that a DUI will affect your job security grow higher if your career requires you to drive or operate heavy machinery, since your company may view a DUI as an indication that you are a liability. Commercial drivers stand the biggest chance of losing their jobs, since the criteria for a commercial driver’s license are so strict.

If your employer requires you to report any arrests or convictions, that also indicates that you may have a problem. Teachers, nurses, lawyers and other licensed professionals could face disciplinary action for a DUI that includes the loss of their ability to practice.

You may also find it difficult to find future employment if you are convicted of a DUI, which is another reason why it is so important to have experienced legal representation.

Florida New Breath Test Refusal Penalties In 2026

Florida now treats some first-time breath test refusals more harshly than in prior years. What was once primarily a civil license issue can now carry misdemeanor exposure in certain cases. This shift raises the stakes immediately after a DUI stop.

The “Refusal” Crisis

In 2026, refusal cases are no longer limited to administrative penalties. A first refusal may still trigger an automatic license suspension under implied consent laws, but prosecutors can also pursue misdemeanor charges when supported by surrounding evidence. This creates parallel risks: a DHSMV suspension and a potential criminal record. Drivers must act quickly because refusal decisions now affect both driving privileges and court outcomes.

What Happens After A DUI Arrest In Lee County?

After a DUI arrest in Fort Myers, the process moves quickly through local systems. Understanding the sequence helps you protect your rights and prepare for early deadlines.

The Lee County Courthouse Process

Following arrest, you are typically booked at the Lee County Jail for processing. Within 24 hours, you will attend a first appearance at the Lee County Justice Center. A judge reviews probable cause, sets bond and may impose conditions such as restricted driving. This stage generates records that can affect both your criminal case and administrative hearing.

How Can A DUI Stop Be Challenged In Court?

The validity of the initial stop often determines whether key evidence can be used. If the stop was improper, the entire case may weaken significantly.

The “Motion To Suppress” Strategy

A former prosecutor can analyze whether officers had reasonable suspicion to initiate the stop. Minor drifting within a lane may not justify a stop, while clear traffic violations might. If the stop lacks a legal basis, evidence gathered afterward, including breath results, may be excluded through a motion to suppress.

How Do I Keep Driving After A DUI Arrest?

You have only 10 days to act if you want to continue driving. Administrative deadlines move quickly, especially with current delays.

Administrative Deadline Checklist

To protect your license during the 10-day window, follow these steps:

• Request a Formal Review Hearing with the DHSMV within 10 days
• Secure a temporary permit when filing, if eligible
• Collect documents such as the citation and suspension notice
• Account for the 2026 DHSMV backlog, which may delay hearings

Acting within this timeframe can allow continued driving while your case is pending, even with statewide administrative delays.

How Much Does A DUI Lawyer Cost?

The cost to hire a lawyer will greatly depend on the complexity of your DUI case. Before you seek legal representation, our lawyers at Aiken & O’Halloran can estimate the cost of our legal services during your initial consultation. This allows you to weigh your choices and decide if legal representation is right for you.

Keep in mind that the cost of a DUI conviction can far outweigh the cost of an attorney. If you are convicted, you face the potential of hefty court costs, extensive fines, the loss of your license, increased insurance costs for years to come, the cost of rehab (if ordered), the cost of an ignition interlock device (IID) and more. The financial impact of a DUI conviction can be very broad and last for a long time.

Can You Travel Internationally With A DUI On Your Record?

There are a few considerations you should make before traveling internationally after a DUI conviction. First, you may need to learn whether you have court approval to travel internationally if you are on parole or require a supervising officer. Second, certain countries (including Canada and Mexico) have strict prohibitions or restrictions related to travelers with DUI records.

Why Choose Aiken & O’Halloran?

When you’re facing a DUI charge, there is no time to waste. You must act fast if you wish to protect your freedom and future. We understand how much a DUI charge can ruin your life and we know that you need a strong defense counsel that you can rely on. Our attorneys can often begin your defense before prosecutors officially charge you. They’re also former prosecutors, so they have seen countless DUI cases from the other side. They know prosecutors’ motivations and intentions because they’ve walked in their shoes and made the same decisions they’ve had to make. Not every criminal defense team has this experience, so when you work with ours, you can rest easy knowing that you have a legal leg up in negotiations and the courtroom.

Contact Aiken & O’Halloran For A Free Consultation

For a free consultation, please call our Fort Myers DUI defense lawyers at 239-610-4116 or complete our contact form. We represent clients throughout the Fort Myers area.