No matter what the situation, being pulled over by the police will bring with it a sense of anxiety that can lead you to say or do things without your best interest in mind. For serious offenses, such as a suspected DUI, an individual will most likely be so concerned about the current situation that they may act irrationally and ultimately end up in a much worse position when being questioned by either law enforcement at the time of arrest or the prosecution later in the process.
Just like in any other area in life, having a strong comprehension of what is involved in a particular process, along with the laws that govern it, will most likely give you a more informed outlook of how you should react to adversity. This should allow you to have more composure and confidence during this stressful situation. A Florida DUI can come with extreme consequences, but with a calm and informed demeanor, you may find yourself in a more favorable position.
DUI under Florida Law
The state of Florida has specific laws concerning a first time offense for Driving under the Influence. According to Fla. Stat. § 316.193, a person can be found guilty of a DUI is he or she is in actual physical control of a car and is under the influence of alcohol, chemical or controlled substances which impair normal cognitive faculties. The legal limit for BAC in Florida is .08 grams.
During the initial stop, the police officer must follow protocol and approach the situation in the proper manner. If the police officer suspects that you are driving under the influence, he or she will order you out of the vehicle for further investigation. Field sobriety tests may be administered at this point, although you always have the right to refuse these. They are oftentimes difficult for even the most sober drivers. The officer may also give a breathalyzer test on-site. A breath, blood, or urine test may also be given once taken to the police processing station.
Although refusal to take these tests will automatically lead to an arrest, it may also keep potentially incriminating evidence from being collected, possibly giving you a better chance at fighting the eventual charges. No matter if you take part in the tests or not, if the officer believes that a DUI occurred, they will make the arrest, read your Miranda rights and place you in police custody.
Also, at this point your license will be suspended temporarily. You will have 10 days from the time of arrest to request an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Failure to meet this requirement will potentially lead to a one year license suspension.
The criminal process includes an initial appearance in front of a judge (usually within 24 hours of arrest), an arraignment, a pretrial hearing, motions and evidentiary hearings, and possibly a trial. This is the time to retain legal counsel to help defend against the charges you face. A qualified defense attorney can make sure the process is undertaken correctly and that you are doing everything necessary to help reduce, acquit, or possibly dismiss any pending charges.
If convicted, Fla. Stat. §316.193 states that a first time offender will be required to pay up to $1000 in fines and / or serve up to six months in jail. If you had a BAC of .15 or higher, or had a minor in the vehicle, you will be required to up to $2000 in fines and / or serve up to nine months in jail.
Furthermore, a first conviction comes with a mandatory 50 hours of community service or an additional fine of $10 for each hour of community service required. If probation is part of the sentence, the total period or probation and incarceration may not exceed one year.
Knowing what to expect after an arrest for an alleged DUI in Florida gives you the opportunity to approach the situation in a way that keeps you from inadvertently hurting your options.
As a founding partner of Hale & Hale, P.A., Maria D. Hale is an experienced and qualified Florida Criminal Defense Attorney who is dedicated to providing excellent service to those in Orlando and the surrounding areas. With over 12 years of experience in the criminal justice system, Maria has the knowledge and legal understanding to effectively argue cases ranging from DUI, drug possession and domestic violence, to theft, assault and white collar crime. As a capable and effective Orlando DUI Attorney, Maria Hale is focused on fighting for your rights while putting you in a position to move on with your life.