A Florida DUI conviction will result in two types of penalties: criminal and administrative. One of the best steps you can take to protect your driving privilege and help minimize penalties you are facing is to hire an experienced and qualified DUI defense attorney to represent you.
In order for your attorney to make a case for you in court it helps to have successfully completed a treatment program. On most state appeal process forms there is an area where you fill out what treatment programs you have completed. This is crucial. In order for your attorney to make a case for you, it is mandatory that you be able to make a case for yourself. Finding a reputable Treatment Center on Drunkdrivingattorneys.com is easy. You can browse through the list for your area and find one that will best fit your individual needs. Your insurance coverage will dictate where you can go and for how long. Search through our directories and call to see if you qualify.
Florida DUI Administrative Proceedings
When you are arrested for a DUI, your license will be confiscated and will be replaced with a ten day temporary permit and form, which will act as a temporary license for ten days. You have only 10 days from the date of your arrest to request a review hearing to fight automatic suspension of your license. This administrative review hearing is separate from the criminal legal proceedings for your case. It is very important to contact an experienced DUI attorney immediately after your DUI arrest to start the process to save your driver’s license.
Florida DUI Criminal Proceedings
Criminal Proceedings for your DUI case begin soon after your arrest and, within a few days of your arrest, you will be required to appear at the arraignment where you and your attorney will enter a plea. If you plead not guilty, your DUI case will go to trial. If your trial results in a conviction, you may be sentenced by the court. If your attorney reaches a plea on your behalf, you may have lesser penalties and a decreased charge.
The penalties for a DUI conviction can vary for many reasons, including your blood alcohol content, the number of infractions on your record and whether or not your DUI resulted in injury or accident. Many DUIs are classified as misdemeanors, but they may still result in license suspension, vehicle impoundment and jail time.
Florida’s DUI Look-Back Period
The State of Florida has a look-back period of five years for DUIs. This look-back period is an amount of time for a previous infraction that can be applied a new offense and, as a result, can increase the penalties.
Unlike other states, Florida’s DUI Look-Back period requires that all DUI convictions remain on your record and may be reviewed for all additional convictions. These infractions during this look-back period will result in harsher driver’s license suspensions and longer jail sentences.
Florida’s DUI Look-Back Period and Subsequent DUI’s Can Result in Increased Penalties
The penalties for DUIs in the five-year look-back period can result in increased jail time and possible longer duration of license suspension. Your best defense is to work with a qualified DUI attorney. For second offenses, a DUI charge will bring a mandatory jail time of 10 days. Additionally, if your blood alcohol content is between .08% and .15%, the maximize jail time can be up to nine months.
Florida DUI Implied Consent
Under Florida’s DUI Implied Consent law, all licensed drivers on public roads must consent to having their blood alcohol content measured if suspected of driving under the influence. If you refuse the alcohol test, you face an immediate Florida license suspension.
Florida DUI and Administrative Suspension Laws*
* Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions.
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
