Understanding DUI Charges In Florida: Common Questions Answered
Our team at Titan Law, based in the heart of southwest Florida, comprehends the uncertainties and concerns surrounding DUI (driving under the influence) charges. We aim to clarify some of the most commonly asked questions to guide individuals facing these challenging situations.
Below are answers to some of the questions we often receive about dealing with drunk driving charges in Florida.
What should I do if pulled over for suspicion of DUI in Florida?
Remain calm and cooperative while exercising your rights. Avoid making self-incriminating statements and request legal representation.
We always advise drivers to never answer questions, demand a lawyer immediately and don’t participate in field sobriety exercises (FSEs).
What are the consequences of refusing a breathalyzer or sobriety test?
Refusing a test can result in administrative penalties such as license suspension, but it may limit evidence against you in court.
Because refusing a breath, blood or urine test violates state implied consent laws, it will result in automatic DL suspension. The only way to contest this is with a Formal Review Hearing with the DMV. This hearing must be requested within 10 days of the arrest. Failure to do so is an admission of guilt with the DMV.
What can I expect in a DUI trial in Florida?
Many DUI cases are resolved before trial. However, if your case goes to trial, you can expect there to be formal proceedings, witness testimony and evidence presentation. A judge or jury will then make a decision regarding guilt. It’s crucial to have legal representation throughout this process to combat the prosecution’s case against you and defend your rights.
How does a DUI with a minor or DUI manslaughter impact the charges?
Certain aggravating factors, like DUI with a minor in the vehicle and DUI causing a fatality, elevate the severity of charges. Drivers face enhanced penalties, including imprisonment and substantial fines.
For instance, DUI with a minor in the vehicle is an enhanced misdemeanor. Penalties include up to nine months imprisonment for a first offense. DUI manslaughter is a felony. Penalties include prison time of up to 15 years, with a mandatory minimum sentence of four years.
How does a previous DUI conviction impact my current DUI case?
A previous DUI conviction can significantly impact your current DUI case in Florida. Florida’s DUI laws have a “lookback” period of at least five years for prior convictions. If you have a prior DUI conviction within this period, it can lead to increased penalties for your current DUI charges.
These penalties can include mandatory minimum jail sentences, increased fines and longer license suspension periods. Therefore, it’s crucial to defend against every charge, including a first-time offense.
I’m a tourist facing DUI charges while on vacation in Florida. Can I handle this remotely?
Yes, our firm facilitates remote management of DUI charges via Zoom calls for non-felony cases, ensuring a hassle-free legal process without requiring your physical presence in Florida.
Addressing these charges is crucial, even if you leave the state. They will not go away on their own, and our firm’s team is highly skilled in helping people from other states and countries resolve their cases remotely.
What should I know about BUI (boating under the influence) charges in Florida?
BUI charges mirror DUI consequences, but they apply to boating activities and can lead to similar penalties, including fines and license suspension. The law applies to all types of vessels, including Jet Skis and pontoons.
Penalties for a first BUI offense typically include a fine from $500 to $1,000 and a maximum of six months in jail and/or probation. Additional convictions increase the penalties. The process for a BUI arrest is similar to a DUI, and a BUI can lead to suspension of your license and count as a prior conviction for driving under the influence.
Can I fight against a DUI charge, or should I accept the plea bargain offered?
Each case is unique. Our experienced attorneys evaluate evidence, explore defense strategies, or negotiate advantageous plea bargains, always aiming to support your rights.
Many times, people think because they took a breathalyzer or admitted to drinking, the case is not winnable. This is a myth. We start from the ground up, building a unique DUI defense for the situation, and have utilized countless individually tailored defenses to either have the case dropped or prevail at trial.
How can the team at Titan Law assist me in navigating DUI charges in Florida?
Our attorneys offer comprehensive legal guidance, tailored strategies and virtual accessibility to handle your case efficiently and effectively. We navigate the court system and interact with prosecutors and law enforcement agencies so you don’t have to. Additionally, we strategize with you and provide clarity to help you make informed decisions about your future.
From start to finish, we manage the details of your case and fight for a fair, satisfactory outcome on your behalf.
Connect With Our Advocates
Facing DUI charges demands immediate attention and legal guidance. No matter where you are in Florida, you can contact us today for a strategy session. Call 239-361-2603 for our Fort Myers office location or 941-216-0203 for our Sarasota office. You can also contact us online to get started.
