Remain calm and polite, but remember your rights. You're not required to perform field sobriety tests or answer potentially incriminating questions. Contact us immediately, even before taking a breath test if possible.
In Florida, a first-time DUI can result in fines, license suspension, community service, probation, and possibly jail time. The exact penalties depend on factors such as blood alcohol content (BAC) level and whether there was an accident involved.
A DUI conviction typically results in a license suspension. The length of the suspension can vary, but first-time offenders might face a 6 to 12-month suspension, while repeat offenders could face longer suspensions.
Yes, in some cases, you may be eligible for a hardship license after a certain period, which would allow you to drive to work, school, or other approved activities. This often requires the completion of a DUI program.
A BAR hearing is a separate civil process where your driver’s license can be suspended by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) after a DUI arrest. This process is distinct from the criminal case and specifically addresses the status of your driving privileges.
After your DUI arrest, you have 10 days to request a BAR hearing with the DHSMV. If you don’t request this hearing within that period, your license suspension will automatically go into effect.
The BAR hearing is overseen by a DHSMV hearing officer rather than a judge. During this hearing, evidence is reviewed to determine whether your license suspension was warranted. The officer will look at the arrest details and any test results. Your attorney can challenge the evidence and call witnesses if applicable.
Yes, if you successfully challenge the suspension at the BAR hearing, your license may be reinstated. However, this does not impact your criminal DUI case, so you may still face other penalties if convicted.
Common defenses include challenging the accuracy of breathalyzer tests, questioning the legality of the traffic stop, and disputing officer observations. Each case is unique, so a defense strategy depends on specific circumstances.
For a DUI charge, there will likely be court appearances required. However, your attorney may be able to attend some hearings on your behalf, depending on the case. Your active participation may still be needed for certain proceedings.
A DUI conviction can increase your insurance premiums significantly, as insurers may see you as a high-risk driver. You may also be required to carry SR-22 insurance, which is a high-risk policy.
A breathalyzer test is designed to measure your Blood Alcohol level. Under Florida's "implied consent" law, drivers who refuse the test may face a license suspension of up to a year and face penalties. However, refusing can sometimes limit certain evidence in court.
In Florida, a DUI conviction cannot be expunged or sealed and typically remains on your record for 75 years. This can impact employment, housing, and other areas of life.
Florida uses the term DUI (Driving Under the Influence) rather than DWI (Driving While Intoxicated). The penalties and procedures align with DUI definitions based on BAC and impairment.
Yes. Even if your BAC is below the legal limit, you can be charged if the officer believes your abilities are impaired by alcohol or drugs.
DUI cases vary in duration, but they can take anywhere from a few months to over a year, depending on factors like case complexity, court schedules, and plea negotiations.
All of SouthWest Florida, including Naples, Fort Myers, Cape Coral, Bonita Springs, Estero, Port Charlotte
Feel free to contact us for any additional questions
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