Common DUI Questions

Here are some common questions and answers that people accused of DUI in Florida may have:

What are the consequences of a DUI conviction in Florida?

The consequences of a DUI conviction in Florida can be may include fines, license suspension, community service, mandatory alcohol education classes, probation, and even jail time. A DUI conviction can also have long-term consequences, such as difficulty finding employment or obtaining a professional license.

Do I have to take a breathalyzer or sobriety test if I am pulled over for suspected DUI?

Under Florida’s implied consent law, drivers are required to submit to a breathalyzer or other sobriety test if they there is Probable Cause to charge them with DUI. Refusing to take the test can result in an automatic license suspension. However, not submitting to the chemical tests means that the prosecution will have to rely on the subjective observations of the police in order to prove that you are guilty of driving under the influence which generally makes it harder for the prosecution to prove their case.

Can I fight a DUI charge in Florida?

Yes, you can fight a DUI charge in Florida. There are many possible defenses to a DUI charge, including challenging the results of a breathalyzer or sobriety test, arguing that the traffic stop or arrest was unlawful, or questioning the validity of the field sobriety tests. Often times police officers make arrests for DUI due to them being over zealous. These officers will be subject to cross examination by your defense attorney.

Should I hire a DUI attorney in Florida?

It is highly recommended to hire a DUI attorney in Florida if you are facing DUI charges. A DUI attorney can help you understand your legal rights and options, negotiate with prosecutors, and build a strong defense on your behalf.

Can I expunge or seal my DUI conviction in Florida?

No, a DUI conviction cannot be expunged from your criminal record in Florida.

What happens if I am under 21 and charged with DUI?

If you are under 21 and have a BAC of 0.02% or higher, you can be charged with DUI in Florida. The penalties for an underage DUI conviction can include fines, community service, license suspension, and even jail time.

Can I still drive after a DUI arrest in Florida?

If you are arrested for DUI in Florida, your driver’s license will be suspended immediately. However, you can use the citation the the police give you as a temporary hardship license for the next 10 days. If it is your first DUI, you likely will be able to get a long term hardship license while your license is suspended.

What if I have a prior DUI conviction in another state?

If you have a prior DUI conviction in another state, it can be used against you in Florida. The penalties for a second or subsequent DUI conviction can be more severe than for a first offense. However, a jury will not hear about the prior DUI if your case goes to trial.

Will the prosecution find out that I have a prior DUI?

Prosecutors have vast resources and access to national data basis to see a prior DUI. This does not mean that they will definitely see it but it is more than likely that they will find out.

Will I have to attend DUI school in Florida?

If you are convicted of DUI in Florida, you will likely be required to attend DUI school. DUI school is a course that teaches drivers about the dangers of alcohol and drugs, as well as strategies to avoid driving under the influence in the future. The length and cost of the program will vary depending on the details of your case.

How long will a DUI conviction affect my auto insurance rates?

A DUI conviction can have a significant impact on your auto insurance rates in Florida. It can cause your rates to increase for several years, and you may even be required to file an SR-22 form with your insurance company as proof of financial responsibility. The length of time that the conviction affects your rates will depend on the policies of your insurance company.

Should I blow into the breathalyzer?

Whether or not to blow into the breathalyzer after a DUI arrest in Florida is a personal decision, and it’s important to consider the potential consequences carefully. If you do not submit to the test then there will be less evidence and the less evidence the prosecution has is usually a good thing for the accused. However, there are downsides to not blowing into a breathalyzer such as an automatic driver’s license suspension for the next 12 months and the decision to not blow can be used as evidence against you.

Will I be drug tested after a DUI arrest?

It is possible that you could be requested to take a drug test in addition to the breathalyzer test, depending on the circumstances of your arrest. If the officer suspects that you are under the influence of drugs or if you exhibit signs of drug impairment, they may request a urine or blood test to detect the presence of drugs in your system. If you refuse to do so then the administrative consequences are the same as refusing to blow into the breathalyzer.