DUI/DWI

Driving Under The Influence (DUI)/Driving While Intoxicated (DWI)

An arrest for Driving under the influence (DUI) of alcohol or drugs is a serious offense, and a driver can be charged with a DUI offense if his or her blood alcohol level tests at .08% or higher. The state of Florida has some of the toughest DUI laws in the United States.

DUI Punishments In Florida:
In Florida, anyone who is convicted of driving under the influence of alcohol or any controlled substance must pay a fine and could face time behind bars.

First Time Offenders for DUI/DWI:

  • Must pay a minimum fine of $250
  • Can serve up to six months in prison
  • Suspension of driver's license for a minimum of six months
  • At least 50 hours of community service
  • Ten day impoundment of vehicle
  • Up to one year probation
  • A permanent misdemeanor conviction
  • Increase of auto insurance by up to three times

Repeat Offenders for DUI/DWI:

  • Must serve a mandatory prison term of up to nine months
  • Must pay a fine of up to $1000
  • Can get their vehicle impounded for up to 30 days
  • Can get their License suspended for a minimum of 5 years.

DUI Testing:

There are three types of tests a police officer may ask a suspect to take in order to test for alcohol in the bloodstream:

  1. A breath test
  2. A blood test
  3. A urine test

A police officer can also ask a driver to take field sobriety tests. These include:

  1. The portable breath test.
  2. A number of exercises intended to test one's agility, mobility, and alertness. Examples of this are the one leg stand test, the eye test, and the walk-and-turn test.

Most people don't know that they are not legally obligated to take any DUI test while out in the field. In this instance, police may escort the driver to a police station where he or she must then undergo DUI testing. A test that results in a 0.08% or higher blood alcohol level, evidence of impairment of one's normal faculties, or a complete refusal to take the test can lead to a DUI charge and the suspension of one's driver's license.

If you have been arrested for driving under the influence, you have only ten days to file a written demand for an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. Failure to do so could also result in the suspension of your driver's license.

It is important that you hire a criminal defense attorney who is experienced in successfully winning DUI cases and knows how the court system works.

A good criminal defense attorney can help determine whether police followed proper procedures when they asked you to take a DUI test. A criminal defense lawyer can also argue the validity of your test results and determine whether any of your constitutional rights were violated during your DUI arrest. They may even be able to get your DUI charges dismissed against you. If you are convicted of a DUI, your lawyer can file an appeal on your behalf.

Attorney Ralph Behr is a criminal defense attorney who has years of experience in successfully defending DUI cases in the state of Florida. He is a powerful and aggressive fighter who has represented over 5000 clients in all kinds of criminal cases. He will personally handle all aspects of your defense.

If you have been arrested for driving under the influence in Miami Dade County, Fort Lauderdale, Broward County, West Palm Beach, Palm Beach, Fort Meyers, Tampa, Jacksonville, Vero Beach, Orlando, or St. Petersburg, Florida, call 1-800-761-3446 to speak with Ralph immediately. You can reach him by phone, toll free, 24 hours a day, 7 days a week.