CRIMINAL DEFENSE QUESTIONS

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Q: Why do I need an attorney for a first time DUI?

A:  In Florida, you could suffer severe consequences if you are not represented by legal counsel in a DUI case. Many Florida courts have taken a tough stance on DUI cases. On a first offense you could go to jail, lose your license for a year, have your car impounded, attend a DUI school, serve community service, be fined and have to pay court costs. An experienced attorney knows how to make sure all your rights are protected, and that all steps are taken to make sure you receive a Formal Review Hearing, and proper paperwork is filed in a timely manner.

 

Q: What is a Formal Review/Administrative Hearing?

A:  You have TEN days from your date of arrest to petition the Bureau of Driving Improvement in the county of your arrest to request a Hearing. This Hearing will determine the status of your license. Your request has to be post marked no later than the 10th day from your arrest.

 

Q: Do all attorneys represent you in court and for your administrative hearing?

A:  No. It is important to hire an attorney that provides Full Service Representation when you are arrested for a DUI.

 

Q: How long will my license be suspended in a First time DUI?

A:  Your license may be suspended anywhere from 6 months to one (1) Year. You will be able to obtain a Hardship License with a first offense DUI.

 

Q: Will I have a valid driving license until my case is resolved?

A:  It depends. This is why it is very important to have representation early on. If you submit to a Breath Test and blow over .08 and are NOT successful at the formal review hearing, your license will be suspended for 30 DAYS. This is what is classified as “Hard Time” and you cannot legally drive for any reason.  If you refuse to take a breath test, your license could be suspended for ninety (90) days “Hard Time.”

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Q: After being arrested for a DUI, can I still legally drive?

A:  Yes, IF you had a valid license at the time of your arrest. You may legally drive for 10 days from the date of arrest, using your citation as your license. Once you retain an attorney, they should be able to extend your driving privileges beyond 10 days.

 

Q: Do I have to participate in Field Sobriety Tests? (i.e. Walk a Straight Line, Stand on One Leg, Touch my Finger to Nose)

A:  No. It is not mandatory to participate in these Tests, they are equivalent to various circus acts, and the main reason you are requested to perform these tests is to help the police officer bolster his arrest report.

 

Q: What if I take a Breath Test and Blow UNDER a .08, will they let me go?

A:  No. You are already arrested at the time you are requested to submit to a Breath Test. If you blow under .08 they will NOT unarrest you. As a matter of fact, they may request you to submit to a Urine Test.

 

Q: Are DUI arrests videotaped?

A:  It varies from agency to agency. Some police forces video the driving pattern, some the field sobriety test, and some the breath testing. Some agencies video the entire process. Ask the Police Officer if you are being video taped and recorded right from the beginning of the investigation.

 

Q: Why would a Police Officer ask me where I have been, and if I had anything to drink?

A:  They are attempting to elicit an incriminating statement and to bolster their case.

 

Q: After I have been arrested, when should I contact an Attorney?

A:  As soon as possible. A DUI can have severe consequences for you, your family and your employment. Hiring an experienced and qualified attorney will make sure your rights are protected.