Frequently Asked Questions
Get Answers from Our Tallahassee DUI Defense Attorneys
If you've been charged with drunk driving, it's likely you have questions about the severity of your charge, how DUI offenses are processed in Florida, and what your legal options are. At Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., our firm has been representing and protecting DUI suspects for more than three decades. Below, we have compiled some answers to the most common questions we receive from our prospective clients and the information they need to take confident steps forward with their case.
We're ready to help you navigate this process and ensure that your charges receive the scrutiny they deserve. Call (850) 222-2032 today.
What Is DUI?
DUI stands for driving under the influence and is described in criminal statute 316.193. Frequently, this applies to drivers who may be impaired by alcohol, but in some circumstances, drivers can be arrested for their suspected use of other substances (such as illegal or prescription drugs). The legal limit for alcohol consumption is .08% blood alcohol concentration (BAC).
Do I Have to Comply with Officers During a Stop?
It is always recommended that you comply with officers if they suspect drunk driving. Florida has an "implied consent" law, which means that drivers are expected to comply with a BAC breath, urine, or blood test. If a driver refuses to participate in these tests, they are subject to a one-year license suspension—even if they are found innocent of the DUI.
What Happens to Me During a DUI Arrest?
A very specific legal process is put into motion with every DUI arrest. It's important that accused drivers are aware of this process and take the necessary steps to protect their driving privileges and resolve their charges in the most favorable way possible.
After a DUI arrest:
- The arresting officer will confiscate your license.
- The arresting officer will provide a limited 10-day driving permit.
- You then have 10 days to request a hearing with the DMV.
Our skilled Tallahassee DUI defense lawyers can help you navigate both the criminal and administrative ramifications of your DUI arrest. Call us today to start exploring your options.
What Is the "10-Day Rule?"
DUI arrests can result in both criminal and administrative penalties. This is because the Florida Department of Motor Vehicles will take action against those charged to suspend their license. From the date of the DUI arrest, suspects have 10 days to request a hearing or request a temporary permit. Our legal team can help you take swift action after your arrest to maintain your driving privileges. Contact us today.
What Are the Penalties for DUI in Florida?
A first time DUI conviction can come with up to $500 in fines, community service, six-month license suspension, probation, and a number educational requirements. In rare cases, up to six months in jail may be considered. With repeat offenses, these penalties become more severe.
What Are Possible Defenses Against DUI Charge?
Every case is different, but there are several defensive tactics that have proven effective in this branch of criminal law. For instance, the state needs to prove that police had proper probable cause to pull the driver over and suspect drunk driving. The reliability of the breathalyzer used in each case is also sometimes vulnerable in these cases. To explore your defense options, call our offices today.
What Do I Do Now?
If you've been charged with drunk driving, it is critical that you speak to a DUI defense attorney as soon as possible. REMEMBER: Just because you "failed" your BAC test doesn't mean you are guilty—you may still have viable defense options. Explore those options with a knowledgeable and experienced professional before proceeding with your case.
Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. is ready to help you confront your DUI charges. Contact us today to request a free case evaluation.