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I got a DUI but have not yet been to court. Can I drive up until my court date?

Tampa, FL |

I was arrested for DUI & have never been in any other trouble. My court date is not for two months; can I drive?

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Attorney answers 4


Since I practice in Massachusetts, I will tell you Massachusetts rules. If you took the breatherlizer here failed, then your license is automatically suspended for 30 days. If you failed to take it, then it's longer.

Consult with a criminal defense attorney in your area as to what the rules in Florida are.

Best wishes.


Your DL was probably taken when you were arrested. You also received a yellow citation from the office that worked as your Dl for the first ten days following your arrest. If you did not appeal the DMV decision to suspend your license, then it’s suspended from the department. The length of time that its suspended will depend on if you actually submitted to FST, blow in the machine and the results of the test. The fact that you court date has not been set had nothing to do with your ability to drive. Good Luck. If we may be of help, please feel free to call. Law Office of Daniel Perez, Jr., P.A. 813-873-1400


Unless you have gotten a new license, you are not supposed to drive. If you had requested an administrative hearing within the first ten days after your arrest, your driving privilege would have reinstated (albeit on a temporary basis). It sounds like you didn't do that. Your best bet would be to try to get a hardship license. You don't state whether you refused to give a breath sample. The answer to that would have an effect on when you can request a hardship license. I strongly suggest you contact a criminal defense attorney to assist you in this matter. Good luck!

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.


The answer depends on the facts of your case:

1. If you took a breath test and scored > .08%, DMV should have suspended your license immediately. The DUI citation serves as a 10 day permit to drive. You have the right to challenge this suspension by filing a Petition for a Formal Review Hearing with DMV -- this also must be filed within 10 days of your arrest. If this is not done, you will suffer a 6 months DMV suspension. Within this suspension, you will have to serve a 30 day "hard time" suspension (no driving for any reason), which will begin on day 11 after your arrest. If you hire an attorney to file this Petition, you should then receive an extended (business pruposes only) driving permit, good for about 5-6 weeks.
2. If you refused the breath test, everything is the same as above, except that the suspension is for a period of one year, and the "hard time" suspension is for 90 days.

I would strongly suggest that you hire an attorney immediately. If you are still within 10 days from your date of arrest, an attorney can file the Petition for a Formal Review hearing, and get an extended (restricted) work permit for you.

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