Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI?
Under Florida law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Florida Department of Highway Safety and Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Florida law, an individual has 10 days to request a hearing from the Department of Highway Safety and Motor Vehicles.  Once the arresting officer retains your state issued driver’s license, you are issued a “DUI Citation”, providing you are eligible for the 7 day temporary driver’s permit (hold a valid driver’s license, sign the DUI citation, and submit to the chemical test).  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Highway Safety and Motor Vehicles within 10 days.              

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender faces imprisonment of up to 6 months in jail.

Monetary Fines
Fines for a first time DUI can range between a minimum of $500.00, up to a maximum of $1,000.00.

Driving Privileges
A DUI conviction results in the revocation of driving privileges for a minimum of 180 days, up to a maximum of 1 year.

Community Service
First time DUI offenders face a mandatory 50 hours of community service, or a fine of $10.00 for each hour of community service assigned by the court.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year.   

Probation
Probationary periods and incarceration may not exceed 1 year for first time DUI convictions.

Impoundment of Immobilization of Vehicle
Provided that the offender’s family has another form of transportation, a first time DUI offender’s vehicle will be impounded for 10 days, and will not take place at the same time as incarceration. 

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges.   

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.