DUI FAQ

1. Is DUI a crime?

Yes, in Florida DUI is a criminal offense. DUI can be charged as either a misdemeanor or a felony. DUI may be a felony offense if there is 3 or more prior DUI convictions within 10 years or if the DUI arrest involved death or serious bodily injury.

2. But I wasn't evening driving when the police officer arrested me …

DUI can be charged if a person is either driving a vehicle (including a bicycle) or is in actual physical control of the vehicle while impaired. Sitting or sleeping in a car while impaired may result in an arrest for DUI.

3. I was only taking my medication, I wasn't even drinking.

Certain legal prescription medications can give rise to a DUI charge. Illicit drugs such as marijuana or cocaine also may be grounds for a DUI arrest.

4. Do I have to submit to roadside tests?

No. Refusal to submit to roadside tests can increase the chances that the charge can be reduced or even dropped, however, your refusal typically will result in an arrest and charge of DUI.

5. Must I submit to a breath, blood or urine test?

Law enforcement officers must offer a breath test in all DUI cases unless the person is seriously injured. If the injury requires a hospital visit the police will request a blood test. If the arrested person submits to the breath test then a blood test can be requested by the defendant at his own expense.

The law enforcement officer will require two samples. A third sample can be requested if there is a large disparity between the first two samples.

Refusal to submit to a breath test will cause a suspension of your drivers license for one-year. A second refusal may result in an additional criminal charge that could result in a one year jail sentence.

Blood tests are mandatory in all accidents involving serious injury or death. Blood tests may be demanded by the defendant in all cases where a breath test has been completed.

Urine tests can be requested by the police in all cases where the breath test results in a non-impaired reading (under .08) or if the officer believes a controlled substance (either legal or illicit) has caused impairment. Refusal to give a urine sample will result in at least a one-year driver's license suspension.

6. Do I have a right to an attorney before submitting to the tests?

No, however, you can demand an attorney prior to answering any questions. Law enforcement officers must stop the questioning once you exercise your right to legal counsel.

7. Will my driver's license be suspended?

Maybe. The law enforcement office will take your driver's license from your possession. You will be issued a citation which will serve as your temporary liscence for the next 10 days. Within the 10 day period you may demand an administrative hearing which will extend the time permitted to drive. It is best to hire counsel within the 10 period to allow them to make the demand and to represent you at the hearing.

8. Will the Court suspend my license?

Yes. If you are convicted or enter a plea bargain resulting in a DUI sentence your license will be suspended for as little as 6 months and as long a lifetime depending upon the facts and prior conviction record.

9. If I am sentenced what should I expect?

The Florida legislature has set by law a mandatory minimum sentence that can be imposed upon sentenceing. The Court can increase the sentence but may not sentence below the law.

FIRST DUI OFFENSE: A person convicted of a first DUI offense can be sentenced to:

By a fine of not less than $250 or more than $500 for a first conviction.
By imprisonment for not more than 6 months for a first conviction.

All persons convicted must complete 50 hours of community service, pay court costs, submit to a drivers license suspension and a 10 day vehicle impound. If the breath test results in a reading of over .20 then the maximium jail period increases to 9 months and the fine level must be between $500.00 and $1000.00. In addition there is mandatory ignition interlock that remains in place for 6 months.

SECOND DUI OFFENSE: A person convicted of a second DUI Offense may be sentenced to:

Not more than 9 months in jail for a second conviction.
Not less than $500 or more than $1,000 for a second conviction; and

All persons convicted must complete community service, pay court costs, submit to a drivers license suspension and a vehicle impound. If the breath test results in a reading of over .20 then the maximium jail period increases to 12 months and the fine level must be between $1000.00 and $2000.00. In addition there is mandatory ignition interlock that remains in place for 12 months.

THIRD DUI OFFENSE: A person convicted of a third DUI may be sentenced to:

FELONY: Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable by a maximum of 5 years in prison or as provided under statute.

MISDEMEANOR: Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $1,000 or more than $2,500 and by imprisonment for not more than 12 months.

FOURTH DUI OFFENSE: A person convicted of a fourth DUI may be sentenced to:

Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a commits a felony of the third degree, punishable by a maximum of 5 years in prison or as provided under statute.
The minimum fine imposed for a fourth or subsequent violation may be not less than $1,000.