DUI Defense


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Florida DUI Law and Florida DUI lawyers

Florida counties - map view

Florida counties - map view




Florida DUI lawyers who defend DUI, DWI, or drunk driving cases in Florida should know about the "Ten Day" Rule. When someone is arrested for a Florida DUI, there are really two separate cases that arise: the court case, where a person's liberty is at stake, and the Florida Department of Highway Safety and Motor Vehicles case.

If you have been arrested for Florida DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license. Failure to timely request a hearing will result in a penalty of at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges.

Florida DUI Lawyers:

Under the Florida DUI laws, a DUI is one offense that can be proved in one of two ways: drunk driving can be proved by impairment of normal faculties, or unlawful blood alcohol or breath alcohol level of .08% or above. Florida DUI lawyers know that penalties upon conviction are the same, regardless of the manner in which the offense is proven.

The penalties and consequences for a Florida DUI arrest are serious and far-reaching. They include fines, jail, and administrative license suspensions from the court. They also can include license suspensions, separate and apart from those imposed by the court, which are imposed by FDHSMV. Detailed information about each of these consequences follows below.

However, if you or someone you care about has been charged with a DUI, the most important thing to do is to contact experienced Florida DUI lawyers for a free consultation right away.

6 Tips to Hiring Florida DUI lawyers:

If you were recently arrested for a DUI in Florida, you know that hiring experienced Florida DUI lawyers is one of the best things you can do for yourself. It's true that hiring a lawyer may give you a "leg up" in your Florida DUI case. Now the question remains, "How do I hire the right Florida DUI lawyers for my case?" You've come to the right place. We've listed the best tips to finding Florida DUI attorneys who will work you and build a strong drunk driving Florida defense case.

  1. Interview the Florida DUI lawyers. That's right, you're in charge of your case. You are the interviewer, not the lawyer. So, come to the meeting or phone conference prepared. Have a list of questions you want to ask the Florida DUI lawyers and write down the answers.
  2. Rely on results. Each Florida DUI case has a set of facts that is unique. No one has a DUI case exactly like yours. However, the Florida DUI attorneys you're interviewing may have defended a very similar case. After talking about the facts of your case (where you were arrested, the number of drinks you consumed, the arrest itself, the officer who made the arrest, etc.). Ask the Florida DUI lawyers if they have defended a case with any similar facts. If so, ask about the outcome of that case. Although no Florida DUI lawyers can guarantee an outcome, you may be able to get an idea about whether the Florida DUI lawyers you're interviewing have experience and previous success with your type of DUI case.
  3. Gauge the Florida DUI lawyers' vibes. Do you like the lawyer? Do you dislike the lawyer? Do you trust the lawyer? All of these things are very important. You will be in a working relationship with the Florida DUI lawyers for at least three months, maybe longer. Do you like and trust this lawyer enough to want to be around him or her for three to six months? If the answer is "no," keep interviewing other Florida DUI lawyers. You definitely need to feel comfortable with the lawyer you hire.
  4. Ask the tough questions. All Florida DUI lawyers are different. They have different experience levels and different competencies. You should ask about the attorney's record for going to trial and for plea bargains. You should also ask about the Florida DUI lawyers' philosophy about Florida DUI cases. Does the Florida DUI lawyer always want to go to trial, or does he or she want to try to negotiate the charges? There is no right or wrong answer to these questions, but there is a right and a wrong answer for you. You are the one in charge of the case, and you should feel good about how the Florida DUI lawyers you hire handle the case.
  5. Find out about the Florida DUI lawyers' past. What type of experience does the Florida DUI lawyers have? Was he or she a peace officer or a prosecutor? The Florida DUI lawyers with this type of experience may know a little about the "other side" of the DUI case. Think about it, Florida DUI lawyers who know how to prosecute Florida DUI cases or arrest someone for Florida DUI may know how the other prosecuting attorneys and police officer thinks. Therefore, Florida DUI lawyers with this type of experience may be able to build a Florida DUI strategy in a different way.
  6. Do your online research. Check out the Florida DUI lawyers online. Are they on a DUI directory (similar to this one), do they have a website for the firm, do the Florida DUI lawyers have any videos on YouTube? All of these things may mean that the Florida DUI lawyers have been defending DUIs longer and are more serious about Florida DUI defense. The right Florida DUI lawyers for your case are those who are serious about DUI defense.

If you follow these tips, you can rest assured that you properly researched the Florida DUI lawyers available for your case. Need to get started? Contact Florida DUI lawyers today!

Fines in Florida DUI Cases

Fines for Florida DUI convictions can range from a minimum of $250, to a maximum of $2,000, depending upon whether the case is a first-offense DUI, and upon other aggravating factors.

Community service is mandatory for a first conviction of DUI (50 hours), or an additional fine or an additional fine of $10 for each hour of community service required. For a first-offense DUI, the total period of probation and jail may not exceed one year.

Jail in Florida DUI Cases

At the court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

Impoundment of Immobilization of Vehicle

Unless the family of the defendant has no other transportation:

Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Felony DUI

Repeat Offenders or Accidents Involving Serious Bodily Injury

Driver License Revocation Periods for DUI

  1. First DUI Conviction: Minimum 180 days revocation, maximum 1 year.
  2. Second DUI Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
  3. Third DUI Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A"above; one conviction more than 10 years prior and one within 5 years, same as"B" above.
  4. Fourth DUI Conviction (Regardless of When Prior Convictions Occurred), and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
  5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions:Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

Commercial Motor Vehicles (CMV)

Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.

Business Purposes / Employment Purposes Only Reinstatements

DUI School Requirements

Chemical or Physical Test Provisions (Implied Consent Law)

Driving While License Suspended or Revoked

Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.

Administrative Suspension

Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above

Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.

Administrative Suspension Law

Administrative Disqualification Law

Review Hearings For Administrative Suspensions And Disqualifications

Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

Business or Employment Reinstatement:

  1. Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
  2. Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

Hardship License Prohibited:

  1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
  2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

Expungement in Florida:

Florida law prohibits a person from expunging a DUI conviction from his or her criminal record. It is vital to contact experienced Florida DUI lawyers if you have been arrested for DUI.

Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. 1800DUILAWS.com is not liable for any misinformation that users obtain from using this site.