Am I Allowed to Drive to the ALR Hearing if My License Is Suspended?
Yes, you can continue to drive for the first 10 days after being arrested/cited for DUI on the temporary driving permit issued to you by the arresting officer at the scene.
If, however, your license is suspended, it is not only illegal to continue driving but also highly ill-advised. If you are arrested for driving on a suspended license, you face even harsher penalties. If you wish to appeal the Florida DHSMV’s decision to uphold the suspension your license, you may do so.
Contact the Jacksonville DUI defense lawyers at First Coast Criminal Defense to learn more.
Will I Go to Jail if I Am Arrested for DUI in Florida?
If you are pulled over for DUI in Florida and you fail the breathalyzer test (or another chemical test, such as a blood test), meaning your blood alcohol concentration (BAC) is 0.08% or higher, you will be arrested and taken to jail for a period of at least 8 hours. Following this, you face additional jail time if you are ultimately convicted for DUI.
The amount of jail time you face depends on a variety of factors, including:
- Your BAC
- Whether or not there was a minor present in your vehicle
- If you were involved in a crash that resulted in injuries and/or fatalities
Generally speaking, without additional factors such as these, you face jail time according to the following measures:
- BAC was between 0.08% and 0.15%: Up to 6 months in jail
- BAC was higher than 0.15%: Up to 9 to 12 months in jail
- Minor in the vehicle: Up to 9 to 12 months in jail
The only way to possibly avoid this jail time is to contact an experienced criminal defense attorney who can fight to reduce your charges, have your charges dismissed, or pursue alternative penalties on your behalf.
Contact First Coast Criminal Defense for a FREE consultation with our Jacksonville DUI defense lawyers by calling us at (904) 474-3115.
Can I Refuse a Breathalyzer Test?
While technically you can refuse a breathalyzer test in Florida, doing so comes with serious repercussions. Under Florida’s implied consent laws, you consent to chemical tests (breath, blood, urine) for the purpose of evaluating your BAC when you are pulled over on suspicion of DUI.
Refusing a breath test or any other chemical test will result in the automatic one-year suspension of your driver’s license, plus an additional 18-month suspension for subsequent refusals. Additionally, if you refuse a breathalyzer or another chemical test, the prosecution can use this against you during your DUI trial and may try to claim that this proves your guilt.
How Do I Get My License Back After Refusing Breathalyzer in FL?
In Florida, if you refuse to submit to a breathalyzer test, your license will be immediately suspended for a period of 1 year (18 months if your license has been previously suspended for a DUI).
Here are some general steps to potentially get your license back after refusing a breathalyzer in Florida:
- Serve the Suspension Period: Wait out the revocation period of 1 year (or 18 months if applicable) during which your license is suspended.
- Complete DUI Education Program: You may be required to complete a DUI education program or treatment program as part of the reinstatement process.
- Retake Required Tests: Once the suspension period is over, you will need to retake all the necessary tests, including the written test and driving test, as required for license reinstatement.
- Apply for License Reinstatement: Submit an application for license reinstatement to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). This typically involves completing and submitting the appropriate forms, paying any required fees, and providing any necessary documentation.
- Attend a Hearing (if applicable): Depending on the circumstances, you may need to attend a formal review hearing with the DHSMV to appeal for license reinstatement.
- Comply with Any Additional Requirements: The DHSMV may have additional requirements for license reinstatement, such as obtaining an SR-22 insurance certificate or completing community service. Make sure to fulfill all the necessary conditions.
Will I Lose My Driver’s License if I Am Convicted for DUI?
Yes, if you are convicted of DUI in Florida, your driver’s license will be suspended. The length of the suspension will depend on a number of factors—including whether you have prior DUI convictions in the past 5 to 10 years, your BAC when arrested, and more—but, in general, you face losing your license for anywhere from 180 days to 6 months or up to 10 years for the most serious offense.
Additionally, immediately upon being arrested for DUI, your license will be revoked, and you will be issued a temporary driving permit that is valid for 10 days. If you wish to challenge your driver’s license suspension, you must request a formal administrative hearing with the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) within 10 days. If you fail to do so, your license will be suspended on the 11th day after your arrest.
Is a Refusal the Same As a DUI in FL?
No, a refusal to take a breathalyzer test is not the same as a DUI (Driving Under the Influence) charge in Florida. However, refusing to submit to a breathalyzer test can have legal consequences related to your driver's license and may impact your DUI case.
In Florida, if you refuse to take a breathalyzer test when requested by law enforcement during a traffic stop, your driver's license will be immediately suspended for a period of 1 year for a first offense, and subsequent refusals may result in longer suspensions. It's important to note that this administrative license suspension is separate from any criminal charges related to DUI.
While refusing the breathalyzer test does not automatically mean you will be charged with a DUI, it can make it more challenging to defend against DUI charges. Refusing the test does not provide evidence of your blood alcohol concentration (BAC), which may be used by the prosecution to build their case. However, the prosecution can still pursue DUI charges based on other evidence such as observations of impairment, field sobriety tests, witness testimony, or other factors.
How Much Are the Fines for DUI in Florida?
Fines for DUI in Florida range depending on the circumstances surrounding your arrest. That being said, you can expect to pay:
- First-time offense: $500 up to $1,000 in fines
- Second or subsequent conviction: $1,000 to $4,000 in fines
What Is an Ignition Interlock Device?
An ignition interlock device, or IID, is essentially a breathalyzer. If ordered by a judge, the IID will be installed on your vehicle and you will be required to blow into it to test your BAC before being able to turn your vehicle on. If the IID measures your BAC at or above the legal limit, you will not be able to start or operate your car.
What Happens if I’m Arrested for DUI a Second or Third Time?
The penalties for DUI in Florida increase with each subsequent conviction. In order to be convicted of a second DUI offense, your prior offense must have occurred within the past five years (with some exceptions). For a third offense, your prior two convictions must have occurred within the past 10 years (again, with some exceptions).
What Happens When You Get a DWI?
A DWI (Driving While Intoxicated) is a serious legal offense that occurs when a person operates a vehicle while under the influence of alcohol or drugs. The specific consequences of a DWI can vary depending on the jurisdiction and local laws, but common consequences may include:
- Criminal Charges: A DWI typically results in criminal charges. The severity of the charges may depend on factors such as blood alcohol concentration (BAC), prior offenses, and whether there was property damage or injury involved.
- Arrest and Booking: If you are caught driving under the influence, you will likely be arrested. After the arrest, you may be taken to a police station for booking, where your personal information will be recorded, and you may be fingerprinted and photographed.
- License Suspension: A common consequence of a DWI is the suspension or revocation of your driver's license. The length of the suspension can vary based on the jurisdiction and the specifics of the case.
- Fines and Penalties: DWI convictions often result in fines and court costs. The amount can vary depending on the jurisdiction and whether it's a first-time offense or a repeat offense.
- Probation: In some cases, a court may impose probation as part of the sentence. During probation, you may be required to comply with certain conditions, such as attending alcohol education programs, staying out of legal trouble, and submitting to regular alcohol or drug testing.
- Jail Time: Depending on the severity of the offense and whether it's a repeat offense, jail time may be imposed. Some jurisdictions have mandatory minimum sentences for certain DWI offenses.
- Ignition Interlock Device: Some jurisdictions require individuals convicted of a DWI to install an ignition interlock device in their vehicles. This device requires the driver to pass a breathalyzer test before starting the vehicle.
- Alcohol Education Programs: Courts may mandate attendance in alcohol education or treatment programs as part of the sentence.
- Criminal Record: A DWI conviction can result in a criminal record, which may have long-term consequences for employment, housing, and other aspects of life.
It's important to note that the specifics can vary widely depending on local laws, and individuals facing DWI charges should consult with legal professionals to understand the specific implications in their jurisdiction. Additionally, laws and penalties may change, so it's advisable to seek up-to-date information.
How Do I Get Out of a DUI in Florida?
If you find yourself facing a DUI charge in Florida, you may be wondering if there is any way to get out of the charges you face. Fortunately, there are several legal defenses that you can use in Florida DUI cases.
One common defense is challenging the initial traffic stop itself. You may be able to argue that the police had no reasonable cause to pull you over and performed an illegal search and seizure, and as such, any evidence obtained during the stop should not be admissible in court. A criminal defense lawyer can review the facts of your case and determine whether this is a viable option for dismissal or reduction of your charges.
You may also challenge any field sobriety tests administered during your arrest. These tests are subjective by nature and often open to interpretation from both the police officer and the court. An attorney can assess the evidence to determine if any of these tests were administered or interpreted incorrectly, or if there were other factors that may have affected your performance.
Finally, you could challenge any of the results from the breathalyzer or blood tests taken during your arrest. Breathalyzers are known to be inaccurate if not maintained or calibrated properly, or administered correctly by a certified technician. Similarly, certain medications or medical conditions can affect the accuracy of blood test readings as well. A skilled DUI lawyer can thoroughly investigate how the devices were handled and how the tests were conducted by law enforcement officials to get your charges dismissed or reduced.
It's important to remember that fighting a DUI charge is never easy. In order to have the best chance at success, it is recommended to work with an experienced DUI attorney who understands local and state laws, has handled DUI cases similar to yours, and can review the facts of your case and help you develop a strategy for success. Your attorney can be invaluable in helping you get out of a DUI charge in Florida.
With each additional conviction, you face steeper fines, longer jail sentences, and longer driver’s license suspensions. Click here to learn more about multiple DUI convictions in Florida.
