Miami Legal Tips Blog

What to do After Arrest for DUI in Florida

What Do I Do If I Am Arrested For DUI?

Driving under the influence in Fort Lauderdale, FL is a very serious charge. The Broward County/Fort Lauderdale prosecutors make it a point to prosecute these cases vigorously. Most DUI police officers equip their vehicles with video cameras so they can memorialize the arrest and the roadside exercises.

Scales of Criminal Justice If you have been arrested for a DUI in Broward County or anywhere in South Florida, you need to contact one of the experienced DUI Defense Attorneys at the Law Offices of Gilbert & Smallman ASAP to protect your rights. Within the first 10 days we will work to get you a hardship license so you can drive while we fight the case. From there, we will analyze all of the evidence and determine if the police had probable cause to pull you over or arrest you. Often times overzealous Fort Lauderdale DUI police officers operate outside of the law in order to secure an arrest.

In addition, we have been working in the Broward County Courthouse our entire legal careers, and have developed relationships with the prosecutors and judges who will be handling your case. Through effective communication we are able to assist our clients in obtaining the best plea bargain. If that isn’t good enough, we will fight for your rights in trial.

The Law Offices of Gilbert & Smallman provides quality representation with proven results to individuals in the South Florida area and Tallahassee.”

Contact Andrew Smallman directly at 954 661 7371 if you or a loved one has a Fort Lauderdale DUI matter. We don’t have busy office lines. Our clients have our cell phone number so they can get in touch with us when they have an important issue. We understand that in this time of need a good lawyer can put you at ease and help you through the tough times.

According to DrivingLaws.org the Florida state law is as follows.
The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the “impaired” driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

How many drinks does it take to reach the legal limit in Florida?

There really isn’t a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk.

The best answer is not to drink and drive . The State of Florida has strict laws for drunk driving, and when you drink and drive in Florida, you risk your freedom, finances and your future.

A first time conviction of drunk driving in Florida will result in up to 6 months in jail. If a minor was
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in the vehicle at the time of the arrest, or if the driver had a BAC of .15 percent or higher, a sentence of no more than 9 months in jail will be issued. Unless the family of the DUI has no other means of transportation the vehicle will be impounded for 10 days. The convicted driver will also receive a fine of no less than $500 and no more than $1,000. If the driver’s BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $1000 and no more than $2,000. A drivers license suspension of 6 months. You will also need to do 50 hours of community service or pay $10 for every hour of community service given. You must also complete DUI school as directed by the court.

A second drunk driving conviction in Florida will result in up to 9 months in jail. If a minor was in the vehicle at the time of the arrest, or the driver had a BAC of .15 percent or higher, a sentence of no more than 12 months in jail will be issued. If the second conviction of drunk driving is within 5 years of the first, the driver must be imprisoned for 10 days mandatory, 48 hours of the confinement must be consecutive. Unless the family of the convicted driver has no other means of transportation the vehicle will be impounded for 30 days. The convicted driver will also receive a fine of no less than $1,000 and no more than $2,000. If the driver’s BAC was .15 percent or higher or there was a minor in the vehicle the fine will be no less than $2,000 and no more than $4,000. If within 5 years, a minimum drivers license suspension of 5 years. If eligible, a hardship reinstatement will may be issued after 1 year. You must also complete DUI school as directed by the court.

A third drunk driving conviction in Florida will result in up to 12 months in jail, 30 days of the jail sentence is mandatory and 48 hours must be served consecutively. Unless the family of the convicted driver has no other means of transportation, the vehicle will be impounded for 90 days. The convicted driver will also receive a fine of no less than $2,000 and no more than $5,000. If the driver’s BAC was .15 percent or higher, or a minor was in the vehicle during the DUI, the fine will be no less than $4,000. A minimum drivers license suspension of 10 years. If eligible, a hardship reinstatement will may be issued after 2 years.

A fourth drunk driving conviction will result in up to 5 years in jail as provided in the State of Florida statutes as a habitual offender. On your fourth drunk driving conviction, your license will be revoked for life, without any possibility of receiving a hardship reinstatement. The fine will be no less than $2,000.
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