Practice Areas:

DUI

Facing a DUI charge is extremely stressful and can raise many questions. You need an experienced attorney on your side. I have spent years both prosecuting and defending DUI cases.

Below you will find useful information for what to do next and answers to FAQ's.

I have been arrested for DUI, now what?

It is important that you retain the services of an attorney immediately.

10 Days to Act

The law only gives you 10 days from the date of your arrest to request a hearing to fight the automatic suspension of your driver’s license.

After 10 Days

After the 10 days is up you have been deemed to waived your right to contest the suspension. It is important to contact our office as soon as possible to set up your hearing with DHSMV.

Will I go to jail for DUI?

Yes, after an arrest the law enforcement officer is required to book you in jail. You must remain for at least 8 hours.

Additional DUI Questions & Answers

Can I be sentenced to jail for DUI?

While every case is different, and the law does allow for a jail sentence- typically you will not be sentenced to jail for a first offense. However, a second offense committed within 5 years of a prior conviction comes with a mandatory 10 days in jail and a 3rd conviction within 10 years requires 30 days in jail. This is why it is important to retain an attorney who can protect you from a 1st conviction.

Can I refuse to submit to a breath test or urine test if I am arrested for DUI?

Yes, you can always refuse, however a refusal will result in several consequences. Many people don’t know that driving in the state of Florida is considered a privilege not a right under our laws. Therefore when you sign your name on your driver’s license, that signature is your act of agree to submit to a lawful breath, blood or urine test. Therefore, if you refuse to submit -the law allows an administrative suspension of your driving privileges.

First refusal: 1 year suspension. First 90 days hard suspension, no driving period for 3 months. You will be eligible for a work permit for the remainder of the year, allowing you to drive to work, school or church.
Second refusal: 18 months suspension and 1st degree misdemeanor.

Anytime you refuse, that refusal may be used against you in court as evidence of your guilt.

What are the penalties for a first DUI?

Fines:

If your blood alcohol level was 0.08 or higher: Fine of not less than $500, up to $1000.
If your blood alcohol level was greater than 0.15, or if you were driving with a minor in the car, the minimum fine is increased to $1000 with a maximum penalty of $2000.

Jail Time:

If your blood alcohol level was 0.08: Imprisonment from at least 8 hours up to 6 months.
If your blood alcohol level was greater than 0.15, or if you were driving under the influence with a minor in the car, maximum jail time is increased to up to nine months.

Additional Penalties:

DUI School
Mandatory 50 hours of community service; in certain cases, the court may order payment of an additional fine of $10 per hour of community service.
Probation up to one year.
Vehicle will be impounded for 10 days.
Driver’s license revoked for not less than six months up to one year.

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