If you are 16 years old or older, you probably know someone  who has been convicted of a DUI. Perhaps you or someone you know has recently been arrested for DUI. In that case, you have come to the right place. I must tell you that prosecutors take this crime very seriously, which means you should too.

In Florida, DUI stands for Driving Under the Influence and is expressed as a law in Florida Statutes 316.193. However, it does not simply mean drunk driving. It encompasses many types of impaired driving that can stem from a wide variety of substances that are listed in Florida Statutes 877.111 and 893 (Please note that marijuana is one of the substances mentioned, so driving while high is illegal under the Statute and can lead to an arrest for Driving Under the Influence).

There are many, many things you need to know if you have been arrested for a DUI in Florida. After prosecuting DUIs with the Brevard County State Attorney’s Office for more than two years and attending the Advanced DUI Seminar given by the Florida Traffic Safety Resource Prosecutor Program, I have learned that some points are more noteworthy than others. 

Details of Florida DUI Law

For example, if you refused to submit to a lawful test of your breath or if you blew a 0.08 or higher on the breath test, you will suffer an administrative suspension of at least 6 months. This suspension is separate from the potential license suspension you may receive from the criminal case against you. However, you may be eligible to obtain a hardship license from the DHSMV if you make a proper request within 10 days of your arrest. These are the kind of nuances that can make a huge difference in the amount of inconvenience you will suffer when facing this charge.

Another important thing to know is that a simple DUI (meaning there are no enhancing factors) is a misdemeanor of the second degree. However, if your DUI resulted in, for example, a traffic accident, you may be charged with a misdemeanor of the first degree. This means you could be facing more jail time and harsher penalties. 

You probably understand that having more than one DUI makes things worse. All the penalties are more severe and you may lose eligibility into certain programs, such as DUI Diversion, if you have a previous conviction for Driving Under the Influence. Additionally, if you have been arrested for a second DUI within five years of your first DUI conviction, you could potentially have your license suspended for a minimum of five years. 

For these reasons and many others, it is really important to hire an attorney who knows all of the complexities within the DUI law in Florida, so you can get the best results possible. Please give me a call today or fill out the contact form below to find out how my firm can help you with this difficult situation.