Your DUI Lawyer for Tampa, Clearwater, St Petersburg & Beyond: The 10-Day Rule & Establishing a DUI Defense

In the Tampa Bay area, one of the first steps in establishing a defense for a DUI charge is responding to what is commonly known as “the 10-day rule.” The 10-day rule refers to the fact that, after a police officer takes away your drivers license during your DUI arrest, you will receive a ticket for DUI. This DUI ticket serves as a 10-day driving permit. After the 10 days are over, your drivers license will automatically be suspended for 6 months or longer, depending on the circumstances of your DUI. If you contact an experienced Tampa DUI lawyer in time, your lawyer can immediately begin the process of trying to reinstate your license.

Regardless of whether your DUI occurred in Clearwater, St Petersburg, or Tampa, your DUI lawyer has 10 calendar days from the date of your arrest to request a “formal review hearing.” A formal review hearing takes place at the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

At the formal review hearing, the DHSMV will decide whether your arresting officer was correct in taking away your drivers license. Your Tampa DUI lawyer would present evidence to reinstate your drivers license. If the DHSMV finds in favor of you and your DUI lawyer, your driver license would be reinstated and the “administrative suspension” on your license would be removed from your record.

It is important to note, however, that a formal review hearing is a civil procedure that has no direct consequence on your DUI charges. After the formal review hearing, your criminal DUI case would proceed as scheduled and your Tampa DUI lawyer would still have a lot of work to do to fight your DUI charges.

DUI lawyer Andrew Spicola, an attorney of counsel with Clark & Martino, P.A. in Tampa, Florida, believes there are several benefits to requesting a formal review hearing, such as:

(1) Once a formal review hearing is requested to reinstate your drivers license, attorney Spicola will also request a temporary driving permit for you. This temporary permit will enable you to drive during the period of time that we prepare for your formal review hearing. This period of time is up to 30 days, thus giving you a few more weeks to drive after your DUI arrest.

(2) The hearing gives attorney Spicola a chance to review police documents and evidence, as well as question police witnesses. The evidence gathered at a formal review hearing provides an excellent starting point in fighting your criminal DUI case.

(3) As your DUI lawyer, Mr. Spicola can conduct the formal review hearing without you being present. This provides additional protection to you. If you do not attend, you will not be subject to questioning that could harm your DUI case.

(4) As we question officers and present evidence in the formal review hearing, anything revealed in the hearing can be used to improve the defense of your criminal DUI charge.

The 10 day rule is one of the most important reasons to immediately contact DUI lawyer Andrew Spicola at Clark & Martino in Tampa, Florida. Please call us to schedule a free consultation or fill out the form on our Contact Us page. Andrew Spicola represents DUI defendants throughout the greater Tampa Bay area including Pinellas Park, Safety Harbor, Clearwater, Lutz, St. Petersburg, New Port Richey, Pasco County, Dunedin, Palm Harbor, Largo, Odessa, Oldsmar, and beyond.

Remember that, the sooner you contact a Tampa DUI lawyer, the better chance you have at beating the 10-day deadline of filing to have your license reinstated at a formal review hearing.