Florida Drunk Driving Laws
A DUI is a crime in all states, making Florida no exception. Recently found to be third highest in DUI arrests in the nation, it's more important than ever to understand our state's DUI laws. On this site feel free to surf our database of articles on DUI's, written and acquired by the Beach's own Criminal Defense attorney with 25 years of experience in over 200 cases. You don't have to let the consequences of drunk driving in Florida affect you. Call Malcolm Anthony, the Beaches Lawyer, the next time you're in need of help.
What should I do if I am arrested for DUI?
Remember you have the same rights when arrested for DUI as any other crime. You have the right to remain silent and to an attorney. It’s important you exercise those rights and contact a DUI defense attorney who can protect those rights. Do not make any incriminating statements. You may not want to submit to a breath test. Although you will lose your license, submitting to the breath test helps prove that you drank alcohol and how much. But be aware if you have previously refused a breath test, a second refusal is a crime.
Are field sobriety tests mandatory?
No, field sobriety tests are voluntary. You are not required to take a roadside sobriety test, but your refusal can be used against you in court. You should have a legitimate reason as to why you are refusing to submit such as bad back, injury or poor balance. What you need to know is the tests are “divided attention” tests, designed to make you think they are testing one thing when they are really testing many things at once and your ability to hear and understand instructions as well as performance. For example, if you are told to stand with your feet together and hands at your side while receiving instructions, you will be downgraded if you shift position or change your stance to ask a question even before you begin “the test.” So if you take the tests, listen very carefully and fulfill all the officer’s instructions even the ones that do not seem to be part of the test.
What does BAC mean?
BAC stands for Blood Alcohol Content. In the state of Florida, it is illegal to operate a vehicle with a BAC above .08%. If an individual is under the age of 21, he or she cannot have a BAC above .01%.
If arrested for DUI, will I lose my license?
Not necessarily. The arrest itself does not suspend your license. The loss of license is a result of either blowing over the legal limit on the breath test (or having a controlled substance in your urine or blood) or for refusing to take a breath test. (If you blow under the legal limit, your license will not be suspended unless a controlled substance is found in your urine or blood). If your driving privilege is suspended for either of these you are entitled to a hearing to determine if your license was taken from you with due process. You will be given a DUI traffic citation which becomes your permit to drive for 10 days. You have 10 days from the date of arrest to schedule a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). At the hearing, your lawyer will contest the suspension and try to win your license back. It is extremely important to obtain the right defense attorney immediately so you do not miss the initial opportunity to win back your driving privileges.
Does the DMV administrative hearing have any impact on the criminal hearing?
No, they are independent proceedings.
What charges could I be facing?
If you are convicted of DUI, an experienced Jacksonville DUI attorney can negotiate with judges and prosecutors to try to lessen or reduce the penalties.
How do I choose the right DUI defense attorney?
It’s important to hire a DUI defense attorney that you feel confident can do the best job to represent you and to feel comfortable in their experience. Malcolm Anthony has over 25 years of DUI experience and over 200 DUI trials. He is an established Jacksonville criminal defense lawyer, respected in the courts and has vested relationships with prosecutors and judges alike. Choosing the right DUI defense lawyer is crucial to the outcome of your case and your future.