Florida's 10-Day DUI License Rule: What Drivers Need to Know from a DUI Attorney

July 29, 2026

Florida's 10-day DUI license deadline is one of the most urgent procedural traps for Brevard County drivers. If you were recently arrested for DUI near Melbourne, FL, consulting a DUI attorney in Melbourne, FL, right away may be the most important step you can take.

What Is Florida's 10-Day DUI License Rule?

When a Melbourne driver is arrested for DUI, the arresting officer typically confiscates the physical license and issues a Notice of Suspension that also serves as a temporary driving permit. Under Florida Statutes §322.2615, that permit is valid for only 10 calendar days. During that window, you must request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the suspension. If you do nothing, your suspension takes effect automatically on day 11.

This process is separate from your criminal DUI case. Even if criminal charges are later reduced or dismissed in Brevard County court, the administrative suspension can remain on your record unless successfully challenged at the DHSMV level.

Can I Still Drive After a DUI Arrest in Melbourne?

Yes, using the temporary permit issued at arrest. If you request a formal review hearing within 10 days, that driving privilege can typically be extended while your case is pending. Missing the deadline eliminates your chance to challenge the suspension. A DUI attorney in Melbourne, FL, can file the hearing request on your behalf and ensure nothing is missed.

What Happens If You Miss the 10-Day Deadline?

Missing the deadline means automatic suspension. For a first offense with a BAC of 0.08% or higher, the administrative suspension may last six months. A first refusal to submit to testing can trigger a 12-month suspension. A second refusal may carry an 18-month suspension and additional misdemeanor exposure under Florida law.

If you miss the window, you may still apply for a hardship license in certain circumstances, but eligibility requirements apply and the process is more difficult without an attorney.

How the Formal Review Hearing Works

The formal review hearing is conducted by a DHSMV hearing officer and is not a criminal trial. The focus is on whether the officer had probable cause for the stop, whether the arrest was lawful, and whether testing was properly administered. A DUI attorney in Melbourne, FL, can subpoena the arresting officer and challenge the evidence. If procedural errors are identified, the suspension may be reduced or overturned entirely.

What Is a Hardship License After a DUI in Florida?

A hardship license may allow limited driving for work, school, or medical purposes during a suspension. Eligibility typically requires enrollment in a DUI program and compliance with DHSMV requirements. Missing the 10-day window may affect your eligibility.

What Are the Possible Outcomes of a Formal Review Hearing?

A hearing officer can uphold, modify, or overturn the suspension. If overturned, your full driving privileges may be restored. If upheld, the original suspension period applies.

Can a DUI Case Be Separate From the License Suspension?

Yes. A not-guilty verdict in court does not automatically lift an administrative suspension, which is why the formal review process matters independently of your criminal case.

Take Action Before the Clock Runs Out

The 10-day window moves fast. Acting within days of your arrest gives an attorney the best chance to preserve your driving privileges and build your defense across both the DHSMV and criminal proceedings.

The Law Offices of Geoffrey Golub is available 24 hours a day, seven days a week. Call (321) 757-6848 today to request a consultation, or contact us online to get started. For more on DUI defense in Brevard County, visit our DUI defense page. Find us on Google at The Law Offices of Geoffrey Golub.

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Board-Certified Criminal Defense Trial Attorney vs. General Lawyer: Why It Matters in Brevard County

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What to Do After an Arrest: Your Guide to a 24/7 Criminal Defense Attorney in Melbourne, FL

July 29, 2026

When someone you love is arrested in Melbourne, FL, the first 24 hours can determine what happens next. Access to a 24/7 criminal defense attorney in Melbourne, FL, is one of the most urgent decisions you may face. Arrests happen at night, on weekends, and during holidays. Knowing what to expect from the moment of arrest through your first court appearance can help you protect your rights at every stage. What Happens After an Arrest in Brevard County? After an arrest anywhere in Brevard County, including Melbourne, Palm Bay, and West Melbourne, the person taken into custody is transported to the Brevard County Jail Complex for booking. Booking involves fingerprinting, a mugshot, personal inventory, and medical screening. Under Florida law, every arrested person must then appear before a judge within 24 hours. This hearing is called the First Appearance. Florida Rule of Criminal Procedure 3.130 requires it within 24 hours of arrest. The judge reviews probable cause, informs the defendant of the charges, and sets bail conditions. These hearings occur every day, including weekends and holidays. What happens here can determine whether you go home or remain in custody. Should I Call a Lawyer at 2 a.m.? Yes. Calling a 24/7 criminal defense attorney in Melbourne, FL, as early as possible is one of the most important steps you can take. Your first appearance may happen within hours of your arrest. An attorney can prepare for that hearing before it occurs, which can directly affect bail conditions and the direction of your case. There is another key reason to call right away: your right to remain silent. You are not required to answer questions from police beyond providing basic identifying information. Anything you say can be used against you in court. Speaking to a defense attorney before speaking to law enforcement may protect your legal position significantly. What Does a Defense Attorney Do at First Appearance? A defense attorney can present information that may influence bail conditions, argue for a lower bond, and make sure you understand what is happening and why. This early involvement can set a stronger foundation for the rest of your case. What if I Cannot Afford the Bond Set by the Judge? If the bond set at First Appearance is too high, your attorney can file a motion to reduce it. This may result in a lower amount or different release conditions. Acting quickly with proper legal representation gives you more options. Your Right to Remain Silent After Arrest Exercising your right to remain silent is one of the most protective steps you can take. Police may ask questions during booking or while you are in custody. You may politely decline to answer until you have spoken with a criminal defense attorney in Melbourne, FL. This right applies to anyone arrested in Melbourne or anywhere in Brevard County. Get 24/7 Criminal Defense Help in Melbourne, FL When you need an attorney in Melbourne, FL, The Law Offices of Geoffrey Golub is available around the clock to help those arrested in Brevard County. Time matters after an arrest, and waiting is rarely in your interest. Call (321) 757-6848 now, or visit our criminal defense services page to learn how we can help. You can also contact us online to reach our team at any hour. Find us on Google at The Law Offices of Geoffrey Golub .