handcuffsWhen you are arrested for DUI, the police are required to take away your driver’s license. In order to get your license back, you must make a request for its return and have a hearing set. It is important that you take this step on time, or you will not be allowed to do so later. The hearing must be scheduled within 10 days of your arrest.

The 10 day rule is a vital part of your DUI case, but it is separate from the actual criminal DUI charges. Failure to schedule your hearing timely can have the following consequences:

  • Automatic suspension of your driver’s license.

● The automatic suspension may last for up to one year, or longer.


The hearing is your chance to fight the revocation of your driving privileges. The continued ability to drive is important because while you are defending the DUI charges you will still want to go about the business of your daily life. This includes being able to drive to work, school, church, or other events. When you appear at this hearing you should be prepared to fight for your license, which may include proving the stop was illegal. It is also a good idea to put on evidence of your BAC and attack the validity of any field sobriety test. These strategies are the most effective when presented clearly and in a logical fashion. Our office is experienced representing individuals at the 10 day hearing.


For more information about the 10 day rule, call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation. We understand the timeliness of requesting the hearing and know what evidence you need to present as part of your fight to keep your driver’s license.