Being arrested for DUI can be one of – if not the most – troubling experiences of your life. First, you are scared, as the average person who is arrested for DUI has never been in trouble before, much less spent a night in jail. Second, you are facing a license suspension and are unsure of how you will get your kids to school or get to work. Third, you are unsure as to what consequences you may be facing.
At Taracks & Associates, we have over 45 years of combined experience fighting DUI's. We know the ins-and-outs of the legal system and can defend you in what may be the toughest battle of your life. It is important that you go into this process knowing the law and the rules. First, it is important that you understand that fighting a DUI is a two part process, with DHSMV (DMV) handling issues related to your license and the State Attorney's Office prosecuting you on the criminal side of the case. This article, updated August 9, 2012, will help you understand both sides of the process.
What penalties am I facing with regards to my license?
From the date of your arrest you have ten (10) days to challenge the suspension of your license. On a first time DUI, if you provided a breath sample over .08 you are automatically facing a six (6) months suspension on the 10th day; on a refusal you are automatically facing a one (1) year suspension. On a second or subsequent refusal you are facing an automatic eighteen (18) month suspension. If you challenge the suspension of your license in a timely fashion, you will be issued a temporary driving permit that will last you forty-two (42) days. That permit will allow you to drive to work, church, school, or the doctor, or do anything necessary to maintain your livelihood.
On or about the forty-second day, a formal review hearing will be held where the issues of 1) did the officer have probable cause to believe you were driving or in actual physical control of a motor vehicle while in the state of Florida while under the influence of drugs or alcohol and 2) did you provide a breath sample over .08/did you refuse to provide a sample and were you read Florida's Implied Consent law?
If you prevail at your DMV hearing, your license is returned as if nothing ever happened. If you lose, your license suspension will continue to run for the remaining 6/12/18 months from the date of your arrest. However, on a first time DUI, you are only required to serve thirty (30) days of no driving on a blow over .08 and ninety (90) days of no driving on a refusal before you are eligible for a second hardship permit. This means that, worst case scenario, on a first time DUI you may only be facing 30/90 days of no driving whatsoever.
What penalties am I facing criminally?
At the same time that your DMV hearing is pending, a criminal case begins against you. A first or second time DUI is a misdemeanor, and can be either a first or second degree misdemeanor depending on the facts. If you refused to submit or provided a breath sample under .15, you are facing a second degree misdemeanor. If you provided a sample over .15 or caused personal injury/property damage, you are facing first degree misdemeanor penalties.
The first step in your case is your arraignment. There, the Judge will want to know if you are pleading guilty or not guilty. If you plea not guilty, your case will be continued and you will be provided time to review the discovery, including police reports and surveillance video. An experienced DUI defense lawyer will know what to look for in your case in order to seek a dismissal of your case or suppression of certain types of evidence. Alternatively, a lawyer may be able to look for issues with your case that could result in the case reducing the charges against you. Therefore, it is imperative that you plead NOT GUILTY and fight the charges against you.
The minimum penalties on a first time DUI are as follows:
First Time DUI – Blow Under .15 or Refusal
- $500 fine plus court costs
- 12 months probation
- 50 community service hours
- 10 day impound of your vehicle
- 6 month additional license suspension
- DUI School Level 1
First Time DUI – Blow Over .15
- $1000 fine plus court costs
- 12 months probation
- 50 community service hours
- 10 day impound of your vehicle
- 6 month suspension of your license
- 6 month to 1 year vehicle ignition interlock
- DUI School Level 1
Additionally, it is important that you understand that on a Second DUI within 5 years, you will be facing a mandatory ten (10) days in jail if convicted, amongst other penalties.
It is also important that you realize that you cannot receive a "withhold of adjudication" on a DUI, meaning if you are convicted you are ineligible to have your record sealed or expunged. Additionally, you may be required to carry SR-44 insurance which could triple your car insurance rates.
So what can you do?
All is not lost! Remember, you are innocent until proven guilty. An experienced attorney can challenge your license suspension and criminal case on a variety of grounds, including:
- The legality of the stop;
- The sufficiency of the Field Sobriety Exercises;
- Whether or not you were read Implied Consent;
- Whether or not the officer had probable cause to believe you were impaired;
- Whether or not you were in actual, physical control of a motor vehicle;
- Whether or not the officer informed you he was "switching hats" from a crash investigation to a DUI investigation;
- The breath test machine;
- Whether or not you truly refused to provide a breath, blood or urine sample;
- As well as dozens of other possible issues.
Our firm has over 45 years of combined experience fighting DUI's. With four former prosecutors on staff, we know how the State is building a case against you and what must be done to get your charges dismissed or reduced to something less severe. Remember, you only have ten (10) days from the date of arrest to challenge the suspension of your license. Call today for a free, confidential consultation at 813-281-2897. Taracks & Associates – The Advocate For You.
