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🚨 Arrested for DUI in Escambia or Santa Rosa County? Here’s Exactly What to Do in the Next 10 Days

  • Writer: Josef Mitkevicius
    Josef Mitkevicius
  • 5 days ago
  • 3 min read

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The flashing lights in your rearview mirror. The sinking feeling in your stomach.  

A DUI arrest is terrifying—but what you do next could make a huge difference in your case and your ability to drive.


You have just 10 days from the date of your arrest to act. Missing that window can mean losing your license completely. This guide walks you through what happens next, your options, and how to protect your future.



❓ What Happens After a DUI Arrest in Florida?


When you’re arrested for DUI in Escambia County or Santa Rosa County, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) will automatically suspend your driver’s license if:


- You refused a breathalyzer, or  

- You blew over 0.08 on the test  


But Florida law gives you a 10-day window to take action. During this time, you can:


1. Request a Formal Review Hearing, or  

2. Waive the hearing and apply for a Hardship License



⏳ Understanding Florida’s 10-Day Window


The 10-day window starts the day of your arrest.  

During this period, you may still drive using your DUI citation as a temporary permit—but only until the tenth day.


Your options during these 10 days:


- Option 1: Request a Formal Review Hearing  

  → Challenge the suspension and possibly get it dismissed.  

- Option 2: Waive the hearing and go directly to applying for a Hardship License  

  → Keep limited driving privileges for work, school, or medical needs.


Failing to act within 10 days results in a “hard suspension,” where you cannot drive at all—sometimes for months.


⚖️ Option 1: Request a Formal Review Hearing


A Formal Review Hearing allows your DUI attorney to challenge the suspension itself.  

This is done through the FLHSMV’s Bureau of Administrative Reviews.


✅ Benefits

- You’ll get a temporary business-purpose-only permit while waiting for the hearing.  

- If you win, your suspension is invalidated and your license is restored.


⚠️ Risks

- If you lose, you’ll face a hard suspension period where you cannot drive:  

  - 30 days (if you blew over 0.08)  

  - 90 days (if you refused the test)  


💡 When to Choose This Option

This route makes sense if your arrest was questionable—for example, if:

- The stop was illegal  

- The officer lacked probable cause  

- The breath test was mishandled  


Your DUI attorney can review the evidence and decide whether the hearing is worth the risk.


✅ Option 2: Waive the Hearing & Apply for a Hardship License


If you don’t want to contest the suspension, you can waive the hearing and go directly to applying for a Hardship License.


A Hardship License lets you drive only for essential purposes like:

- Work  

- School  

- Medical appointments  

- Religious services  


📋 Steps to Apply

1. Enroll in DUI School (required before applying)  

2. Submit a waiver form to the FLHSMV  

3. Apply for the hardship license at your nearest Bureau of Administrative Reviews office  


This path avoids the risk of a “no-driving” period and gets you back on the road faster—though only for limited purposes.


🧠 What If the Officer Didn’t Give You a Citation?


Sometimes officers fail to provide the Uniform Traffic Citation (UTC) after arrest.  

If that happens:

- Check your mail and email—it may arrive later.  

- Call the Clerk of Court in the county where you were arrested.  

- Your attorney can quickly pull the citation from the system for you.


👣 Step-by-Step: What To Do Immediately After a DUI Arrest


1. Mark your 10-day deadline.  

2. Decide: Formal Hearing or Hardship Waiver.  

3. Contact a DUI attorney in Escambia or Santa Rosa County.  

4. Enroll in DUI School.  

5. File the required paperwork with FLHSMV.  


📍 Local Insight: Escambia & Santa Rosa Counties


In Escambia and Santa Rosa Counties, prosecutors take DUI cases seriously.    

-

  • Unlike many other parts of Florida, Escambia and Santa Rosa Counties do not offer a diversionary program for 1st time DUI offenders.

  • Having a local attorney who knows the local prosecutors and courts can make a real difference in how your case proceeds.  

  • Don’t wait—your defense begins before your first court date.


🗣️ Call to Action


At Mitkevicius Law, we’ve guided hundreds of clients through their DUI cases—protecting their driving privileges and helping them move forward.


📞 Call 850-754-7173 or visit www.pensacola.lawyer/contact to schedule a consultation today.


📘 Glossary


- Formal Review Hearing:  

  A DMV hearing where your attorney can challenge the suspension of your license.  

- Hard Suspension:  

  A period where you cannot drive under any circumstances.  

- Hardship License:  

  A restricted license allowing limited driving (work, school, medical).

 
 
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