DUI in Florida
Alcohol Breath Test Refusal
Under Florida law, your license can be administratively suspended either for refusal to take a blood test or for a breath test result of .08 or greater. Your license suspension can last as long as six (6) to eighteen (18) months. To schedule a consultation with an experienced Orlando attorney regarding a license suspension resulting from an alcohol breath test refusal, contact the Law Office of Paul Courtright, P.A.
Preserve or Recover Your Driving Privileges
Having an experienced Florida DUI lawyer may mean the difference between preserving and losing driving privileges after a breath test refusal or a negative result of a breath test. Breath test instruments may produce inaccurate results for a variety of reasons. Field sobriety tests may be administered improperly or illegally, violating one’s rights. Contact the Law Office of Paul Courtright, P.A..
DUI Rights and Information - I’ve Been Arrested for DUI in Florida! Now what?
DMV Hearing:
To preserve your right to drive in Florida, you must request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles within ten (10) days after your license is taken from you by an officer. An administrative hearing must be scheduled within thirty (30) days. If you refused to take the breath test and you do not request an administrative hearing within ten (10) days of your arrest, your license to drive will be suspended for a minimum of one (1) year. If you took the test offered, you still must request an administrative hearing within ten (10) days of your arrest, or else your license to drive will be suspended for at least six (6) months.
Pre-Trial Conference:
Your attorney will appear on your behalf at the pretrial conference. The court will review the status of your case. You may or may not need to appear at this hearing.
Suppression Hearing:
Your attorney may file motions to suppress some or all of the evidence against you. The court may suppress some or all of the evidence against you if your constitutional rights have been violated. You may or may not need to appear at this hearing.
Trial:
You may have a trial by jury or a trial in front of a judge.
Sentencing:
The court imposes a sentence after a conviction at trial or after a plea agreement is accepted and entered. Sentences may include jail time, probation, public service, classes, and fines. There are several mandatory minimum sanctions that must be imposed by the court.
Frequently Asked Questions (FAQs) About Florida DUI Law
Will I be able to get my case dismissed because I was not read my rights?
Not likely. The failure to advise one of their constitutional rights under Miranda and its progeny raises issues only as to statements. Physical observations by the law enforcement officer are not subject to the Miranda warnings.
Will I go to jail if I am convicted of DUI?
The answer depends on many factors including, but not limited to, whether this is a first (or only) offense, second offense, or later offense, whether there is a high breath test or blood test result, whether property or people were injured, and other factors.
Jail sentences are solely at the discretion of the sentencing court. No representations or predictions as to jail time in any case can be predicted. However, first time DUI offenses with only a low breath test typically result in one year of supervised probation and not a jail sentence. The possibility of a jail sentence becomes more probable if the breath test results are very high, or if the case involves a second or later offense, or if there was a crash with property damage, injured people, or children within the defendant’s car at the time of the arrest. There are mandatory minimum jail sentences for some subsequent offenses.
If convicted, how long will the DUI remain in my driving record?
The DUI charge will remain on the driving record forever. More important, however, the DUI arrest and disposition will remain on your criminal history record forever. In Florida, DUIs cannot be sealed or expunged.
How many hours of alcohol classes will I have to attend?
Plan on at least 24 to 48 hours of alcohol awareness classes, one two-hour session per week. The higher your blood alcohol content (BAC), the more hours you likely will have to attend.
What will happen if I do not complete the classes or public service ordered by the court?
If you are convicted of DUI, and if you do not complete the classes, public service, or other court ordered requirements of your probation (e.g., drink alcohol while on probation), the court may find you in violation of your probation and you very likely will go to jail. Please note that the violation of probation is a separate criminal offense that will become part of your criminal history record.
I lost my Florida license. May I obtain a license in another state?
No.
May I drive after being arrested for DUI?
No. You must not drive after a DUI arrest unless you have a ten day permit or a business purposes only license from the Florida DMV while your administrative and criminal cases are pending. Driving after a DUI arrest without these special permits expose you to another criminal charge called Driving While License Suspended or Revoked (DWLSR). Driving on a suspended license due to a DUI is a serious crime. Florida courts are very unforgiving on these types of cases. Additionally, the charge of DWLSR can quickly expose you to a third degree felony if you are arrested or charged with DWLSR three (3) times within 5 years from the date of your last DWLSR conviction.
If I obtain an international driver's license, may I drive in Florida even though my Florida license is revoked?
No.
Why is your license taken after the arrest, and when do you get it back?
Under Florida law, your license can be administratively suspended for either a refusal to take a blood test, breath test, or if you have a breath test result of .08 or greater. The length of this suspension can be from six (6) months to eighteen (18) months.
Does the DMV administrative hearing have any bearing on the criminal case?
No. The DMV administrative hearing and the criminal case are two independent proceedings.
What if I pled guilty or no contest at my bond hearing?
You can file a motion to withdraw your plea withdrawn within thirty (30) days of your conviction.
What is the difference between a plea of guilty or a plea of no contest?
The plea of guilty means “Yes, I did it.” The plea of no contest (or nolo contendere) means “I don’t admit to committing the crime, but I don’t deny the charges. Your Honor, you may presume the facts in the arrest report are true.”
In a DUI case, there is no difference between the two pleas in terms of your criminal record, your driving record, or the penalties imposed. A plea of guilt or a plea of nolo contendere will both result in a criminal conviction for DUI, and your case will be completed.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.