The DUI laws in the State of Florida do allow for a person to consume alcohol and drive.  However, the law states that you must maintain your “normal faculties” while operating your vehicle.  If a law enforcement officer is conducting a DUI investigation, his job is to collect evidence to decide whether or not to arrest you.  You will likely be asked to perform a series of exercises that are subjective, allowing the officer to justify a decision to arrest you (and sometimes let you go).  If you refuse the exercises, the officer will decide on your sobriety based on how your eyes and face look, the odor of your breath, your driving pattern, and the clarity of your speech.   If you are arrested for DUI, you will  be offered a breathalyzer test, designed to calculate your blood alcohol level. (See below to read about the breathalyzer machine)

The very ticket you received for your DUI is actually your driver’s license for the first ten days following your arrest.  THESE FIRST TEN DAYS ARE CRITICAL AS YOU MUST PETITION THE DMV FOR A HEARING AND TEMPORARY LICENSE.  Allow our experienced DUI lawyers help you petition the DMV and secure your temporary license.  The DMV will set a hearing, where our lawyers will fight for you to keep your license, while we fight your DUI in Court.

If you refuse to blow into the breathalyzer machine, you are depriving the people who will prosecute you of evidence of your intoxication…..and this is a good thing, especially if you know you are intoxicated.  There are consequences if you choose to refuse.  If you have refused a breath test in the past, then you can be charged with a separate crime (from the DUI) for the second refusal.  Even with a first refusal, the DMV will suspend your driver’s license for a year.  Not to worry, we can help you obtain a hardship license and keep you driving.  (See below to read about hardship licenses)

If you decide to take the Breath test, this result will be used against you in Court.  In fact, the only benefit to taking the test is if you know you haven’t been drinking and therefore, know the result will be favorable.

The DMV will allow you to get a license which will allow you to drive to work, school, religious services, medical appointments and other life sustaining activities.  This will be necessary if the DMV is not petitioned for a hearing, or if your hearing is unsuccessful. The DMV will require you to take a DUI class and pay a fee for the hardship license.  There is a 30 day wait for a hardship license if you complied with the request for a breath test, and 90 days if you refused the breath test.

If you are found guilty of DUI you face jail time, probation, stiff fines and other  conditions mandated by the state, designed to take up your time and money.  If you are charged with a DUI in the state of Florida, contact one our trained DUI lawyer’s immediately.  We can assist you in establishing defenses to your DUI with the aim of getting your case dismissed.  Consult with one of our experienced DUI lawyers to get a case assessment.