The Ten-Day Rule

Washout Periods in DUI / DWI cases

WARNING! Your license is at risk from the moment you are arrested for drunk driving. In fact, you could end up with a suspended license for an extended period of time. DUI cases vary state to state. Talk to a lawyer near you to find out how you can save your license.

California has a 10-day rule for DUI cases. Some states have a 15-day rule if you are arrested for drunk driving. Some states don't have any rule at all. To find out if there is a rule in your state, you should reach out to a DUI lawyer right away.

So, what is the 10-day rule all about?

When you are arrested for drunk driving, it usually triggers two cases. The first is a criminal case. Punishments for a criminal conviction in DUI cases can include fines, jail time, community service, alcohol education classes, an ignition interlock device being ordered into your car, your car insurance going up, and more. The second case is the Department of Motor Vehicles case, where your states driver's license authority is trying to take away your driver’s license. A DUI LAWS attorney can give you more information about the laws in your state.

The so-called 10-day rule refers to the amount of time that you have to request a hearing to save your license after being arrested for drunk driving. Each state has a different amount of time to make this request. A skilled DUI attorney will be able to show you how to do this properly and could help you save your license from being suspended.

The amount of time your license will be suspended, and the ability to obtain a "hardship" or restricted license will vary, depending on whether this is a first-offense or multiple-offense DUI, the state where the arrest took place, and whether a chemical test was given or whether it is a "refusal" case. If you refused to take your chemical test, you will be penalized. The amount of time you may lose your license depends on the state.

REMEMBER: In many states in this country, when you are arrested for drunk driving, you only have a very short amount of time to request a hearing with the DMV. If you don’t make this request in a timely manner, you will lose your license. That means you will not be able to drive to work, to dinner, to pick up your kids, wherever. It is possible to keep your license in some states if you make this request on time. Then you will have a valid license until your case begins with the DMV. In addition, a judge in your criminal case can also take away your license as part of your penalty. DUI cases are serious. This is why it is so important to talk to a skilled DUI lawyer about your particular case right away.

A skilled DUI defense lawyer is your best chance of avoiding serious penalties and saving your driver’s license. The law is different in each state, so please dial 1.800.DUI.LAWS or 1.800.DWI.LAWS to speak to a lawyer in your area right away. Or, if you prefer, CLICK HERE to fill out a Fight Your Case online evaluation, so a drunk driving defense lawyer can contact you by phone or email.


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