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What is a DUI charge?

Suppose you or a family member has been accused of a DUI charge in Florida. In that case, it is imperative to seek legal help from a Miami DUI lawyer to protect you from a conviction or criminal penalties. Regardless of whether you have been arrested before, you may still lose your driver’s license for six months to a year.

What is a DUI Charge in Florida?

Under Florida criminal law, driving under the influence (DUI) is referred to as driving or being in physical control of a car or motor vehicle while having a blood-alcohol level of 0.08% or above. According to Florida Statute Chapter 316, Section 193, you may get charged with a DUI conviction if you have:

  • Driven while under the influence of alcohol, chemical substances (see Florida Statute Chapter 877, Section 111), or controlled substances (see Florida Statute Chapter 893)
  • A blood-alcohol content (BAC) of 0.08 or more grams of alcohol per 100 milliliters of blood, or you have a BAC of 0.08 grams of alcohol per 210 liters of breath.

All DUI charges are severe; thus, being arrested for a DUI charge may severely impact your life. You can face severe consequences such as expensive fines, court costs, counseling sessions, mandatory classes, community services, probation, an ignition interlock device installation, or jail time.

Under Florida law, any license holder must submit to alcohol chemical testing if asked to by a law enforcement officer. If you refuse the alcohol chemical test, you will be punished with a minimum one-year license suspension. You can still be charged with a DUI if you refuse to submit to a chemical test while your driving ability is impaired.

According to the Federal Bureau of Investigation, the arrest rate is approximately one for every 222 licensed drivers in the United States. Moreover, statistics show that 1,024,508 drivers were detained for driving under the influence of drugs and alcohol in 2019.

Why Do You Need a DUI Attorney to Defend Your Rights?

If you have been arrested in Florida for a DUI charge, you have a lot on the line and might be facing harsh consequences. To avoid some of the more severe penalties, it would be in your best interest to seek legal help from a DUI attorney. They will fight for your rights and could get your DUI charges reduced or your case dismissed entirely. A DUI attorney has the expertise and experience to fight your DUI charge by:

  • Challenging the lawfulness of your initial traffic stop
  • Challenging the accuracy of your field sobriety test, breathalyzer test, or urine and blood test
  • Suppressing certain statements you make (for example, if the arresting police officer fails to read your Miranda rights)
  • Uncovering the flaws in the evidence against you
  • Discrediting the prosecution’s case

What Should You Do After a DUI Arrest in Florida?

Being arrested for DUI can be scary, and most people do not know what to do or say in such instances. During a DUI arrest, you should consider the following:

  • Avoid speaking to anyone about your DUI arrest other than your defense attorney, or your statements can be used against you in the Florida Court
  • Hire a DUI attorney to help you with your case
  • Apply for a temporary driving license in case your driver’s license has been revoked
  • Request a hearing at the Department of Revenue Division of Motor Vehicles (DMV) within seven days after your arrest
  • Ask the arresting officer to be present for the Motor Vehicle Hearing to learn more about your DUI case and possible grounds to get your case dismissed (if the officer fails to appear, your DUI charges will be dropped, meaning that you will receive your driver’s license back)

Bottom Line

Everyone facing a DUI can fight the charge in the hopes of having it dropped or receiving lesser penalties. To increase your chances of getting your penalties reduced or your case dismissed, it is in your best interest to seek legal assistance from a DUI attorney. The faster you look for legal help, the better your DUI case will be.

However, the punishments may differ depending on whether you are under 21 years of age, if you have previous DUI criminal offenses or additional criminal charges, or if your refuse to submit to an alcohol breath test. While a DUI attorney may not always have your charges dropped altogether, they can still reduce or lower the penalties or consequences you may face.

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