Driving Under the Influence

If you are charged with a DUI (Driving Under the Influence), it is important you act quickly to secure proper legal representation. Failure to act in an expeditious manner may result in losing your license and/or incarceration.

An individual arrested in Florida for DUI, faces two serious issues:

Criminal Charges

In the criminal portion of a DUI case, the State may file formal charges against you for violation of Florida Statute 316.193. As part of this criminal charge, you face a number of penalties. The potential penalties include imprisonment, probation, fines, community service, restitution, mandatory DUI classes, substance abuse seminars/counseling, immobilization of your vehicle and suspension of your driver’s license.

Administrative Penalties

Separate and apart from the aforementioned criminal matters, the State of Florida’s Department of Motor Vehicles (DMV) could impose administrative sanctions restricting or completely revoking your driving privileges. This occurs even prior to the disposition of your criminal case. Your driving privileges may be suspended for six (6) months, if you took the breath examination and blew a .08 or higher. If you refused to blow into the breath machine or submit to a urine test, the State may suspend your driver’s license for 1 year for a first refusal, and up to 18 months, if this is your second refusal.

These suspensions will automatically apply if you do not request a Formal Review Hearing within ten (10) days of your arrest. Please remember the opportunity for an individual to prevent administrative suspension can only occur if a Formal Review Hearing is filed in a timely manner and you may be issued a temporary permit to drive for business purposes. If you are successful at the Formal Review Hearing, your driving privileges may be reinstated.

Law enforcement agencies may employ field sobriety exercises in an attempt to ascertain whether an individual driver is impaired. Remember, these subjective exercises are voluntary and law enforcement may attempt to use their observations of the tests as evidence against the driver in subsequent Court proceedings.