St. Lucie, Florida DUI Criminal Defense LawyerFlorida 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 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 imperative that you submit your request to the Florida Department of Highway Safety and Motor Vehicles within 10 days. Contact an aggressive and knowledgeable DUI criminal defense lawyer to help, but do not delay. Being charged with DUI is a serious 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 charge understand what challenges they will encounter. It is imperative you seek the legal advice of an accomplished and experienced DUI lawyer immediately. Call today for a fast and free consultation. Arrested for DUI in St. Lucie, Florida?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 Florida driver's license by the Florida Department of Highway Safety and Motor Vehicles. While both actions can result in the suspension of your driving privileges in Florida, it is important to remember that there may be more penalties to consider and each action must be handled on their own. DUI Penalties for First Time Offenders- 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.
- Alcohol Evaluation - Successful completion of a DUI knowledge test and chemical assessment is required for reinstatement of driving privileges in Florida.
- Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
- 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.
- Florida Driving Privileges and DUI - In St. Lucie, 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.
- Fines - Fines for a first time DUI can range between a minimum of $500.00, up to a maximum of $1,000.00.
- Time in Jail - A first time DUI offender in Florida faces jail time of up to 6 months.
- Probation - Probationary periods and incarceration may not exceed 1 year for first time DUI convictions.
What does a BAC level of .08 mean in Florida?The term ".08 blood-alcohol concentration (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 concentration (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 OffensesPenalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Florida, you may not be aware of options and rights. This is why an accomplished and experienced lawyer can guide you through this emotionally challenging process. Please contact a Florida DUI or DWI defense lawyer for a fast and free consultation. Florida DUI TestingIf 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 Florida 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. |