What if I Missed the 10-Day Rule?

This information is for individuals who contacted Whittel & Melton after a driving under the influence (DUI) arrest led to their driver’s license suspension. It also applies to those who missed the 10-day deadline to take action. Please review the details carefully.

Unfortunately, this material is relevant for those who could not prevent the immediate suspension of their license.

Can you apply for a hardship license after your suspension period is over if you miss the 10-day rule?

You must meet a few conditions to receive a business, employment, or work permit reinstated in Florida.

If authorities suspend your driver’s license after a driving under the influence (DUI) arrest with a breath sample of .08 or higher, you must follow specific steps to reinstate it. Taking these actions promptly is essential to regain your driving privileges:

1. Must show proof of enrollment or completion in a Florida-approved DUI school [take out; and].
2. Must apply for an administrative hearing (this usually occurs over the telephone due to the few offered locations).
3. You must certify that you have no outstanding or open traffic violations in Florida.
4. You must serve thirty (30) days of a “hard suspension”—in other words, you must go thirty (30) days without a driver’s license or business/work permit before submitting your application.

If you receive a suspension for being arrested for DUI and refusing a breath test, you should complete the following steps to reinstate your license:

1. Must show some proof of enrollment or completion in a Florida-approved DUI school
2. Must apply for an administrative hearing. People usually conduct this over the phone since only a few locations are available.
3. You must certify that you have no outstanding or open traffic violations in Florida.
4. You must serve ninety (90) days of a “hard suspension”. In other words, you must go ninety (90) days without a driver’s license or business/work permit before submitting your application.

PLEASE NOTE, if you have been suspended before for Refusal on a DUI case – no provisions in Florida allow for a Hardship Reinstatement or Business, Employment, or Work Permit.

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