LawInfo

Florida Drunk Driving Defense FAQs

• What is D.U.I.and drunk driving?
  D.U.I. is an abbreviation for "Driving Under the Influence." A person is guilty of the offense if such person is driving or in actual physical control of a … more
• What does "In Actual Physical Control of a Vehicle" mean?
  This term means that the individual has had the capability and power to dominate, direct or regulate the vehicle, regardless of whether or not he or she was exercising … more
• Are you presumed guilty of if you have a blood alcohol level of 0.08%?
  In any criminal case, it is unconstitutional to hold a presumption of guilt against a defendant. This is due to the fact that our constitution requires the government … more
• Is it also unlawful to drive with a blood alcohol level of 0.08% or higher?
  Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.
• May I refuse to take a breath, blood or urine test if requested to submit to one by a law enforcement officer?
  By accepting the privilege extended by the laws of this state of operating a motor vehicle, you are deemed to have given your consent to submit to an approved chemical … more
• Isn't it true that the police will take away your license if you're arrested for D.U.I.?
  Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level (.08% or above), or who … more
• If the officer takes away my driver's license, for how long is it suspended?
  If you have refused to submit to a lawful breath, blood or urine test, your driving privilege will be suspended for a period of one (1) year for a first refusal, or … more
• How can the law permit suspension of a driver's license before any kind of trial begins? I thought criminal law required a hearing or trial before they could sentence you?
  While the criminal punishment under Florida laws provides for certain safeguards before an individual may be sentenced, we must remember that driving a motor vehicle … more
• Is jail mandatory if I'm convicted of D.U.I.?
  No. Not for the first conviction. However, for the second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is … more
• What are the Department of Motor Vehicles License Revocation Procedures?
  FIRST TIME DUI If your fail a breath test (.08 & above) (.02 for under 21 years of age): Your License will be Suspended for 1 year You are eligible for a … more