DUI FAQs

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If you have been arrested for DUI in Florida, then you probably have a variety of questions. Many of those inquiries are common so we have provided the following DUI FAQs.

If I’m arrested for DUI, do I have to take a breath test?
Under Florida law, refusing to take a breath test or blood test following a DUI arrest will result in the suspension of your driver’s license. This is covered under Florida’s Implied Consent law. When you sign to receive your driver’s license, there is a clause that states, by signing, you are giving your agreement to submit to chemical testing if you are arrested for DUI.

But what if I take a breath test and fail?
Even if you take a breath test and your result is over the legal limit, there are still numerous ways that an attorney can defend you against a conviction. The test may have been administered incorrectly. The breathalyzer machine may have been defective or was not calibrated per state standards. A skilled DUI attorney will understand how to evaluate your breath test and determine how to prove that the result was false.

What is an unlawful police stop?
Law enforcement must have probable cause to pull a driver to the side of the road and make an arrest for DUI. Probable cause may be established when the officer observes a driver violating a traffic law, swerving, speeding or driving too slowly. If you were the victim of an unlawful police stop, a DUI lawyer can work to use this to your advantage in court.

Will I go to jail if I’m convicted?
It will depend on your specific case, but most often for first time offenses you will not go to jail. If you have an excessively high blood alcohol level, if you have prior DUI convictions, if you cause an auto accident and serious injury or if there’s child in the car with you, you will likely face imprisonment.

What are some of the penalties for DUI?
For a Florida DUI conviction a driver may face imprisonment, fines, driver’s license suspension, community service, DUI school, probation, vehicle impoundment and ignition interlock device installation.

Contact an attorney at our firm if you or someone you know was arrested for DUI in Florida – 1-888-781-9696.