Two Parts of a Florida DUI Case: The 10-Day Rule Explained

Understanding the Two Parts of a Florida DUI Case

Hundreds of people are arrested every single week for driving under the influence across the state of Florida. For many, the immediate aftermath of an arrest is a blur of confusion, but there is one critical deadline that starts ticking the second you are released: The 10-Day Rule.

Under Florida law, you have a strict window of just 10 days to challenge the administrative suspension of your driver’s license if you refused a breath test or provided a sample over the legal limit of .08. Failing to act within this window can result in an immediate, hard suspension of your driving privileges.

Navigating a DUI charge requires fighting on two completely separate battlefields, each governed by different rules, different standards of proof, and different government entities.

The Dual Nature of a Florida DUI

A single driving under the influence arrest instantly triggers two independent legal tracks:

The Administrative Civil Case: This track handles the suspension of your driver’s license. It is a civil case prosecuted directly by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This is the track subject to the strict 10-day challenge deadline.

The Criminal Court Case: This track addresses the criminal penalties of the charge, including potential jail time, probation, fines, and a permanent criminal record. It is prosecuted by the local State Attorney’s Office in the jurisdiction where the arrest occurred.

Because these two systems operate independently, winning one does not automatically resolve the other. Both must be aggressively challenged and fought.

Critical Questions to Ask a Prospective DUI Defense Attorney

When evaluating a lawyer to protect your driving record and your freedom, do not hesitate to ask direct questions about their credentials and their business model:

Are they Board Certified? Ask if the attorney is a Board-Certified Specialist in Criminal Trial Law. Less than half of one percent (less than 0.5%) of all Florida lawyers hold this distinct certification from the Florida Bar.
Have they taken breath-test cases to trial? Ensure the attorney has actual experience picking a jury and fighting technical breathalyzer data inside a courtroom.
What is the real cost? Some Florida law firms charge upwards of $7,000 to $10,000 for a DUI defense, yet that steep flat fee may not even include representation if the case goes to a jury trial. Get clarity on exactly what is included.
Who is actually handling your file? Will the experienced litigator you interview be the one standing next to you at the defense table, or will your case be passed off to an assistant or junior associate?
A serious charge demands a serious, dedicated defense strategy.

Video Transcript

[00:02
] Hundreds of people are arrested every week for DUI. Under Florida law, you have 10 days to challenge the validity of the suspension of your driver’s license. In the event you’ve been stopped for DUI and either refuse to take a breath test or blew over .08, your license will be suspended if you don’t challenge it.


[00:24
] There are two parts to a DUI case in Florida. The first part consists of a suspension of your driver’s license. This is a civil case prosecuted by the Department of Highway Safety and Motor Vehicles. The second part of the case—the criminal case—is prosecuted by the local State Attorney’s Office in the jurisdiction where you were arrested. Both must be challenged; both must be fought.


[00:43] Some questions to ask: Has the lawyer been to trial in front of a jury with a breath test? Another question: How much is this going to cost? Some Florida lawyers are charging $7,000 to $10,000 for defense of a DUI, and that may not even include a trial.
[01:00] Ask the lawyer: Is he Board Certified in Criminal Trial Law? Less than half of 1% of Florida’s lawyers are Board Certified in Criminal Trial Law. Will the lawyer you hire be the lawyer that handles your case? Ask that question. A serious charge deserves a serious defense. Get some help today.

Facing a DUI Charge in the Tampa Bay Area?

Do not let the 10-day administrative window close without a fight. As a Board-Certified Criminal Trial Specialist and former prosecutor, W.F. “Casey” Ebsary Jr. provides the experienced, aggressive courtroom defense necessary to handle both the DHSMV civil suspension and the criminal prosecution.

Learn more About Our Practice Credentials
Contact Our Tampa Office Directly to schedule a case evaluation and protect your driver’s license.
Call Casey at 813-222-2220
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