| DUI, or driving under the influence of alcohol or any | | | | have a right to have the arresting officer take you |
| controlled substance, can be a very complicated | | | | to the nearest hospital and have your blood sample |
| case, especially if it is a first time offense. It is, | | | | tested. It is unfortunate that legislators do not |
| therefore, important that a person faced with DUI | | | | consider it important to require the officer to inform |
| charges be familiar with the details of this serious | | | | you of this right. Additionally, you are expected to |
| infraction. The following are eight of the most | | | | shoulder the expenses of testing. |
| frequently asked questions about DUI and the | | | | Question: Will my license be suspended? |
| answers to these questions. | | | | Answer: Yes. If your blood-alcohol-content level was |
| Question: How do police officers prove the crime of | | | | found out to be 0.08 or above, the arresting officer |
| DUI? | | | | will immediately confiscate your license and issue a |
| Answer: A police officer has to prove that you, as | | | | Uniform Traffic Citation. This acts as a temporary |
| the defendant, was in actual physical control of the | | | | license which allows you to drive for the next 10 |
| vehicle while under the influence of alcohol, a | | | | days before the official suspension of your driving |
| controlled substance, or any other chemical substance | | | | license begins. For a first-time offense, license |
| that impairs the functioning of your normal faculties, | | | | suspension lasts up to six months. However, if you |
| which include seeing, hearing, talking, walking, and any | | | | refused to take the test, your license is automatically |
| other task we perform in everyday life. In addition, a | | | | suspended for up to one year. |
| lawful blood-alcohol-content test must be | | | | Question: Is there anything I can do to flight the |
| administered and must show that you had a BAC | | | | charge? |
| level of 0.08 grams per 100 milliliters of blood or 210 | | | | Answer: Yes. You have to find a good DUI lawyer |
| liters of breath. | | | | who can question the lawfulness of your license |
| Question: Should I perform field sobriety tests? | | | | revocation and file a request for hearing procedures |
| Answer: Remember that your performance in a field | | | | before the Department of Highway and Motor |
| sobriety test cannot serve as concrete evidence of | | | | Vehicles prior to the start of the suspension period. |
| intoxication. You have the right to graciously decline a | | | | The DMV will issue a temporary permit to allow you |
| police officer if he asks you to perform this test | | | | to drive while waiting for the hearing to be scheduled. |
| because the results can be used to work against you | | | | If your Florida attorney is able to prove that you |
| come trial time. A field sobriety test is, if anything, | | | | were stopped and pulled over by a police officer in |
| unreliable because even sober persons who have | | | | an illegal manner, your license and full driving privileges |
| physical disabilities can fail this test. In addition, a | | | | are restored. |
| police officer is allowed to make use of his own | | | | Question: When can I get my license back? |
| subjective judgment to determine the results, and | | | | Answer: You can apply for a hardship license, which is |
| you will never know if the arresting officer is set to | | | | a restricted license that allows you to drive to work, |
| have you convicted. You are not forced to perform | | | | to the grocery store, or to drop and pick up the |
| a field sobriety test. If an officer compels you to do | | | | children to and from school, or a business purposes |
| so and makes you perform tests without your | | | | license that allows you to drive only in relation to |
| consent, then it could be a big plus to your case. | | | | your work. If this is your first time to face DUI |
| Question: Will submitting to a breathalyzer test harm | | | | charges, you are eligible for both the hardship license |
| me? | | | | and the business purposes license after having |
| Answer: The breathalyzer test only shows a number | | | | served a 30-day period of hard suspension, or strict |
| that is used to indicate the level of alcohol content in | | | | suspension with zero allowance for driving. A hardship |
| your blood. It, however, does not signify anything | | | | license expires after 42 days. During these 42 days, |
| when it comes to the impairment of your normal | | | | your lawyer is expected to prepare for a review |
| faculties. For instance, a person who does not drink | | | | hearing and collect all reports, affidavits, and other |
| often may have a BAC level less than 0.08 but is | | | | documents to prove that the police lacked probable |
| obviously impaired. On the other hand, a more avid | | | | cause to arrest you or that there were unethical |
| drinker can have a BAC level above 0.08 and not | | | | problems as regards the conduct of the breathalyzer, |
| show any signs of impairment at all. Furthermore, | | | | urine, or blood test. If the DMV is not convinced, the |
| consider the time when the breath test is | | | | hardship license expires and hard suspension is once |
| administered. If you are requested to perform the | | | | again reinforced and expected to be served until the |
| test hours after the arrest, there is a huge possibility | | | | last day of suspension. For second-time and |
| that the results of the test will not be an accurate | | | | subsequent DUI offenders, there are no available |
| picture of the situation. It is, thus, up to you whether | | | | hardship licenses. |
| to take the test or not. Then again, state attorneys | | | | Question: What are the possible consequences if I |
| can also argue that you are guilty of DUI merely for | | | | am convicted? |
| refusing to breathe into the machine, bringing in | | | | Answer: A first conviction of DUI entails severe |
| unpleasant consequences that can affect the rest of | | | | statutory penalties, including imprisonment in an |
| your everyday life. | | | | alcohol rehabilitation center or a drug abuse treatment |
| Question: Is having my blood sample taken any | | | | facility for up to six months. A fine of not less than |
| better than submitting to field sobriety or | | | | $500 and not more $1,000 is also imposed. You are |
| breathalyzer tests? | | | | also required to serve not less than 50 hours of |
| Answer: Having your blood sample drawn and tested | | | | community service and one year under probation. If |
| is, in fact, the most reliable test to determine the | | | | you were found to have been driving with a minor |
| level of alcohol content in your blood. However, it is a | | | | inside the vehicle or tested to have a BAC level of |
| thousand dollars more expensive for the state to | | | | 0.15 and above, the penalties are amplified. For those |
| administer blood tests every time that a person | | | | tested with 0.20 BAC level, ignition interlock is |
| suspected for DUI is pulled over for inspection. You | | | | required after all other penalties are satisfied. |