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Other Florida Drunk Driving Defense FAQs

• Q: What Is D.U.I.And Drunk Driving?
  A: 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
• Q: What Does "In Actual Physical Control Of A Vehicle" Mean?
  A: 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
• Q: Are You Presumed Guilty Of If You Have A Blood Alcohol Level Of 0.08%?
  A: 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
• Q: Is It Also Unlawful To Drive With A Blood Alcohol Level Of 0.08% Or Higher?
  A: Yes. It is a crime to drive with an unlawful blood alcohol level of 0.08% or above.
• Q: May I Refuse To Take A Breath, Blood Or Urine Test If Requested To Submit To One By A Law Enforcement Officer?
  A: 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
• Q: Isn't It True That The Police Will Take Away Your License If You're Arrested For D.U.I.?
  A: 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
• Q: If The Officer Takes Away My Driver's License, For How Long Is It Suspended?
  A: 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
• Q: 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?
  A: 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
• Q: Is Jail Mandatory If I'm Convicted Of D.U.I.?
  A: 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
• Q: What Are The Department Of Motor Vehicles License Revocation Procedures?
  A: 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