Frequently Asked Questions About DUI

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, Foster, Gwartney, Leace & Hobbs, 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) 222-2000 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, Foster, Gwartney, Leace & Hobbs, P.A. is ready to help you confront your DUI charges. Contact us today to request a free case evaluation.

Client Testimonials

Our Clients say it best!

“I will always remember this and his professionalism”

Dean Leboeuf represented me a long time ago and consulted that I only needed a public defender. He took the time to come to the court room and let the judge know that I was seeking other counsel. He did not charge me for this. I will always remember this and D. Wu

“I do know that I won’t have to struggle financially and for that I will always be grateful”

I do know that I won’t have to struggle financially and for that I will always be grateful to you and your hard work. You listened to me as I outlined what my parameters were and then you went about obtaining the very best outcome for me within those guidelines. I am grateful that you have made it possible for me to enjoy the remainder of my life with my family and friends.
Patty

“Knowing that the legal aspect of this nightmare is in the hands of someone”

Knowing that the legal aspect of this nightmare is in the hands of someone with your knowledge and talent takes a weight off my shoulders. Thank you.
David

“Thank you for all that you did.”

Thank you for all that you did. For the last two years you stood by our side and gave us the guidance and confidence we needed to get through.
Jenna

“You helped us preserve family harmony at every juncture.”

Thank you for navigating us through the torturous path…you helped us preserve family harmony at every juncture.
Paul

“Words cannot express the gratitude”

Words cannot express the gratitude I have for you taking some of my burden off of me.
Jason

“I appreciated his honesty”

I spoke with over a dozen criminal defense attorneys before selecting John Leace. From our first meeting, I knew that he was the right one for my loved one’s case. He was straightforward and let me know that the case was going to be an uphill battle. read more »
 John Leace. Rikki S.

“Mr. Scott has been amazing in this difficult time of my life”

Mr. Scott has been amazing in this difficult time of my life. I thought that my case would take a lot longer than it did. He was very informative and walk me through the whole process step by step. read more »
Stacie D.

“I highly recommend John Leace”

I highly recommend John Leace. Working with John Leace has been a pleasure, he kept his word and help me get the best outcome on my situation! He will not steer you in the wrong direction. His staff is also very helpful, Jessica checks in with you periodically to see if you have any questions and to keep you updated with what is going on.

Alyssa P.

“They made us feel like family, like our best interest was their motivation”

They made us feel like family, like our best interest was their motivation, not just a paycheck to them. It was a very stressful time for us and they really helped by making our experience with them easy and as stress free as it could be and closed things in a very timely fashion. Thank you all very much!

Edward S.

“Haven’t had to utilize their services, but the staff has always been helpful for referrals to get me what I ultimately needed”

Haven’t had to utilize their services, but the staff has always been helpful for referrals to get me what I ultimately needed.

Keitia F.

“Amazing lawyers with a warm heat for their client”

Amazing lawyers with a warm heat for their client. They work their hardest even with a large amount of workload! Thank you!

Travis B.

“Wonderful firm!!”

Wonderful firm!! Everyone that I have communicated with treated me as if they knew me for years. I thought my case was going to drag out and they (Mr. Scott) wrapped it up sooner than anticipated.

Stacie D.

“John Leace is a great lawyer that provides excellent service”

John Leace is a great lawyer that provides excellent service.

Jake M.

“Marvelous to work with”

Marvelous to work with.

Donna B.

“I need a business contract written, the team was quick and professional”

I need a business contract written, the team was quick and professional. Great group of people to work with.

Peter W.

“This is a family firm!”

This is a family firm! I worked most closely with Matthew Foster regarding BP claims and he was so passionate about all of his clients. They treat you like family, and I am proud to have worked with such a loyal firm.

Lauren S.

“Dean Laboeuf represented me a long time ago and consulted that I only needed a public defender”

Dean Laboeuf represented me a long time ago and consulted that I only needed a public defender. you took the time to come to the court room and let the judge know that I was seeking other counsel. you did not charge me a dime. I will always remember this and your professionalism

Dave W.

“They are excellent, expert and compassionate!”

We referr clients to Scott Gwartney and Dean LeBoeuf when they have been harmed by caregivers or facilities. They are excellent, expert and compassionate! Our clients are happy and treated with dignity.

Twyla S.

“They were very caring about my situation and my husband, I highly recommend them”

They were very caring about my situation and my husband, I highly recommend them.

Kathy T.

“I knew that he was the right one for my loved one’s case”

I spoke with over a dozen criminal defense attorneys before selecting John Leace. From our first meeting, I knew that he was the right one for my loved one’s case. He was straightforward and let me know that the case was going to be an uphill battle. read more »

John Leace. Erica

“John was a huge help to me”

John was a huge help to me. Not only did he guide me through the legal process but he was a calming voice of reason. Having been blindsided by something, I had no answers but after sitting with John and his team, I instantly had some.

Mike

“He was good as to keeping us informed”

I hired Mr. Leace to represent my son in 3 Felony case in Gadsden and Leon County (a case of mistaken identity). He was good as to keeping us informed as the status and the progression of my son’s cases.

Scott

“John stood by me through a 1 1/2 year criminal court case”

John stood by me through a 1 1/2 year criminal court case. He was honest, communicative and a pleasure to have as my attorney. He had the experience and knowledge to know how to proceed with my case and, more importantly, how to deal with the DA in my case. 

Keith

“YES I RECOMMEND THIS PROFESSIONAL COOL HEADED GENIOUS!!!!!”

I HIRED LEACE BACK IN 2011 IN LEON COUNTY AND FOR JACKSON COUNTY.FOR 6 FELONY CHARGES HE WAS REALLY REASONABLE.HES A STRAIGHT FORWARD GUY AND THATS WHAT I LIKED ABOUT HIM THE MOST.WHEN HE TELLS YOU TO BE COOL HE WILL HANDLE IT MEANS HE WILL HANDLE IT. read more »

Harry

“John represented me as professionally and advantageously as possible”

John represented me as professionally and advantageously as possible, I have the utmost confidence that he did the best thing possible for me at all stages given the environment he operated in.  read more »

Spencer

“Mr Leace did a fantastic job both times”

Never put yourself in a situation where you need to deal with law enforcement. However, should events put yourself in this predicament, i.e. an altercation in a public place, always hire an attorney who will be a wolverine but who also knows how to plea bargain with the district attorney. read more »

Michaelle

“John Leace is a phenomenal lawyer”

John Leace is a phenomenal lawyer. I went to him almost in tears over a criminal charge that consisted of two felonies I was being charged with, and had very little money. Mr. Leace completely put me at ease, and worked with me on price and payments.  read more »

Gordon

“He does an excellent job and responds promptly to all requests”

Ryan has been my labor and employment lawyer for the past 4 years. He does an excellent job and responds promptly to all requests.

Lester

John Lease is a great lawyer very compassionate about his clients and excellent at what he does

John Lease is a great lawyer very compassionate about his clients and excellent at what he does I highly recommend him to anyone that is being falsely accused or need any legal representation. 

Merc D.

“Best Lawyer in Tallahassee for Criminal Defense & FSU Hearings!”

The right “pitbull” when you need a great defense attorney. Matt is very professional and think outside the box. He knows when to put pressure on the other parties and when to back off. He is the right “pitbull” to get when you are defending yourself. I highly recommend him!

Matt Foster.

John Lease is a great lawyer very compassionate about his clients and excellent at what he does

John Lease is a great lawyer very compassionate about his clients and excellent at what he does I highly recommend him to anyone that is being falsely accused or need any legal representation. 

Merc D.

“When there was “too much at stake” Mr. LeBoeuf was certainly there for me”

When there was “too much at stake” Mr. LeBoeuf was certainly there for me. He is empathetic, competent, insightful, wise, and for me literally “a lawyer’s lawyer”. His guidance, analysis, personal support, practice and professionalism are best-in-category. I will be forever grateful for his objective and always-courteous service to me as his client. His comprehensive vision of the entire matter, as well as his honorable advice and presentations, were instrumental in the circumstances and in clarifying the resolution of the matter. One could not ask for more or better legal services. He is a consummate and reliable professional, and a genuinely good person, who understands and accomplishes fairness.
Anderson