Hialeah, Florida DUI / DWI Attorney

Florida Administrative Hearing

Pursuant to Florida law, an individual has 10 days to request a hearing from the Florida Department of Highway Safety and Motor Vehicles. Once the arresting officer retains your state issued 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 license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is imperative that you submit your request to the Florida DHSMV (Department of Highway Safety and Motor Vehicles) within 10 days. Contact a capable and experienced DUI attorney to help, but do not delay.

What happens if I was arrested for DUI in Hialeah?

Pursuant to Florida law, once you have been cited for violating the DUI statute, the state initiates two separate, yet simultaneous legal actions against you. There is a criminal action in response to the ticket that was issued to you, and an administrative action is brought against your license by the Florida Department of Highway Safety and Motor Vehicles. Both actions can result in the suspension of your driving privileges in Florida, but it is imperative to remember that there may be additional penalties to consider. Also, each action must be handled on their own.Contact a Florida DUI attorney today for a quick and easy consultation.

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

DUI Penalties for First Time Offenders

• Jail Time - In Hialeah, Florida, a first time DUI offender faces time in jail of up to 6 months.
• Monetary Fines - Fines for a first time DUI in Hialeah, Florida can range between a minimum of $500.00, up to a maximum of $1,000.00.
• Florida Driving Privileges and DUI - In Hialeah, Florida, a first time DUI conviction results in the revocation of driving privileges in Florida for a minimum of 180 days, up to a maximum of 1 year.
• 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.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) 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.
• Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Florida.
• 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.
• Probation - Probationary periods and incarceration may not exceed 1 year for first time DUI convictions.
• Vehicle Impoundment and Immobilization - 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.

Florida DUI Testing

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

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

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 in Florida
• prosecution for DUI

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

The term ".08 blood alcohol content (BAC)" 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 blood alcohol content (BAC), 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 accomplished and knowledgeable criminal defense attorney can guide you through this emotionally challenging process. Please contact a Florida DUI / DWI criminal defense attorney for a consultation.

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.