DUI / Drunk Driving

1. I've been arrested for Drunk Driving (DUI): What now?

The hiring of an attorney experienced in defending those charged with DUI is important. The longer you delay, the more you jeopardize your legal rights.

2. What's the rush?

There are two ways to lose your right to drive as a result of a DUI arrest. One takes place in court if you are convicted of DUI. The other takes place a lot quicker. The Department of Highway Safety, Division of Drivers Licenses has the right to administratively suspend your drivers license if you either refuse to submit to alcohol testing or if you take the test, and your blood alcohol level tests a .08% or above.

If the police take your license at the scene, they will issue you a citation, which operates as a temporary drivers license for 10 days. During those 10 days, you or your attorney, if you retain one, must file an administrative appeal with the Florida Department of Motor Vehicles (DMV), in order to get an extension on your right to drive. A hearing on the legality of your administrative license suspension will then be scheduled. Missing the 10 day deadline will result in your drivers license being suspended at the end of the 10 day period. Once that occurs, you may be entitled to a limited right to drive, commonly referred to as a Work Permit, provided you have signed up for DUI school and pay the appropriate fees. But under those circumstances, you will not be able to drive for a 30 day period before getting the work permit.

3. How do I win my administrative hearing so my driver's license won't get suspended?

An attorney has the right to question the arresting officer to determine whether or not the officer had the right to stop you and detain you, as well as other factors to determine whether or not the officer's actions complied with law. If your attorney is successful, your administrative license suspension will be nullified.

4. Can I get jail time for a DUI?

Yes, under Florida law, you do run the risk of getting jail time if convicted. Many people will tell you that you can go to court, plead guilty and get probation without jail time if it is your first offense. While this is usually true, by pleading guilty, you subject yourself to a lot of other problems.

5. What are the consequences of being convicted of DUI?

Your car insurance rates are likely to skyrocket;
You are convicted of a crime;
Your license will be suspended for a definite period of time, at least 6 months;
You will pay large fines;
Upon a second conviction within 5 years, there is a mandatory 10 day jail sentence;
You will be required to attend a 12 hour DUI school, along with costs for the course

6. What can an attorney do for me in my DUI case?

An attorney can investigate the case to see if you have a valid and legal defense to avoid a DUI conviction. Some of the things an attorney can do is:

Review the video tape (if one was taken) to see how you appeared on the tape and performed on the roadside exercises;
Question the police officers involved to see if they followed the law relating to traffic related stops and DUI arrests;
If a breath testing machine was used, an attorney needs to see if the machine was properly maintained, tested and in compliance with the rules established by law;
See if there are any witnesses to prove you were not impaired.

At the end of the investigation, an attorney can advise you to either go to trial on your case, negotiate a plea bargain on the DUI case, or try to get a plea bargain to a reduced charge. Any decision on going to trial or taking a plea must be made by the client, not the attorney.

7. Where do I get a DUI attorney?

It is important when retaining a DUI attorney, to hire one who has experience in handling DUI cases. Since DUI is a criminal case, you will need to make financial arrangements in advance when retaining a DUI attorney. There is a wide range in legal fees when hiring a DUI attorney. You have the right to shop around. However, the attorney who charges the least amount is not necessarily the best attorney to hire. While the amount of money it will cost to hire an attorney is important, it is not the only factor. Also consider the number of years of experience in handling DUI cases. If you need a DUI attorney in Broward County, click here.

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