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What happens if I was arrested for DUI in Delray Beach?

Under Florida law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Florida DHSMV (Department of Highway Safety and Motor Vehicles). While both actions can result in the suspension of your Florida driving privileges, it is important to remember that there may be more penalties to consider and each action must be handled separately.

If you have been arrested for DUI, it is a major offense that can have serious repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing a Florida DUI understand what challenges they will encounter. It is important you seek the legal advice of an aggressive and professional DUI defense attorney immediately. Call today for a fast and free consultation.

Florida Administrative Hearing

Pursuant to Florida law, an individual has 10 days to request a hearing from the Florida DHSMV (Department of Highway Safety and Motor Vehicles). Once the arresting officer retains your state issued driver's license, you are issued a "DUI Citation," providing you are eligible for the 7 day temporary driver's permit (hold a valid driver's license, sign the DUI citation, and submit to the chemical test). If you fail to request the administrative hearing within 10 days, your right to the hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is important that you submit your request to the Florida Department of Highway Safety and Motor Vehicles within 10 days. Contact an accomplished and skilled DUI attorney to help, but do not delay.

DUI Penalties for First Time Offenders

• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 12 months.
• Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of Florida driving privileges.
• Monetary Fines - In Delray Beach, Florida, fines for a first time DUI can range between a minimum of $500.00, up to a maximum of $1,000.00.
• Community Service - First time DUI offenders face a mandatory 50 hours of community service, or a fine of $10.00 for each hour of community service assigned by the court.
• Jail Time - In Delray Beach, Florida, a first time DUI offender faces jail time of up to 6 months.
• Florida Driving Privileges and DUI - In Delray Beach, Florida, a first time DUI conviction results in the revocation of Florida driving privileges for a minimum of 180 days, up to a maximum of 1 year.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level of 0.04. A first time DUI conviction will result in the loss of the CDL (commercial driver's license) for 1 (one) year, while any subsequent DUI (DWI) offenses will result in a lifetime loss of the commercial license.
• Impoundment of Immobilization of Vehicle - Provided that the offender's family has another form of transportation, a first time DUI offender's vehicle will be impounded for 10 days, and will not take place at the same time as incarceration.
• Probation - Probationary periods and incarceration may not exceed 1 year for first time DUI convictions.

What does a BAC (blood alcohol content) of .08 mean in Florida?

The term ".08 BAC level" is commonly referred to as the legal limit, but this is not entirely accurate. Pursuant to Florida Law, .08 BAC is the presumptive level of impairment. If you have consumed enough alcohol to reach a .08 BAC level, you are automatically considered impaired. Even if you are below .08 BAC, you can still be convicted of DUI. If your driving ability is proven to be impaired.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Florida, you may not be aware of rights and options, including any defenses you might use. This is why an aggressive and professional defense attorney can guide you through this emotionally challenging process. Please contact a Florida DUI (DWI) lawyer for a fast and free consultation.

Florida DUI Testing

If law enforcement in Delray Beach, Florida reasonably believes that a person has been driving under the influence they may request the driver to submit to:

• a breath alcohol test.
• a blood test for controlled substances or blood alcohol content.
• a urine test for controlled substances - the urine test will be administered in a manner to ensure privacy and accuracy.

Refusal to submit to a required breath, urine, or blood test will result in:

• at least 6 and possibly 12 months suspension of the driver's license
• prosecution for DUI

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.