An arrest for DUI can be an overwhelming and confusing time as one is confronted with the criminal and civil process simultaneously.
If you have been arrested for DUI, you may want to consider your legal options and understand the criminal and civil process prior to going to court. A DUI conviction may lead to a suspension of your driver’s license, criminal penalties, and an increase in your car insurance.
When defending a DUI case, I treat each case differently, as no two cases are alike. Each case contains separate facts and circumstances which may be imperative in the defense of your case. DUI cases are fact specific and paying attention to the details is vital.
Contact: If you have been arrested for Driving Under the Influence (DUI) this may be your first contact with law enforcement, the jail, meeting with a lawyer, and the criminal justice system.
Suspension: The first issue one is faced with is the suspension of his or her driver’s license. Undoubtedly the question arises how will I drive now that my license is suspended?
When a driver is arrested for DUI or in actual physical control of a motor vehicle with a blood alcohol level or breath alcohol level above a 0.08 the law enforcement officer per Florida law shall suspend the driver’s license.
10-day permit: The officer will take driver’s license and issue a 10-day temporary permit. The 10-day permit begins on the date of issuance and expires at midnight of the 10th day following the date of issuance of the suspension.
Suspension Review Hearing: Before the expiration of the temporary permit the driver can request a formal review hearing or can waive the formal review hearing to determine eligibility of a business purposes only permit.
Formal or waiver of review hearing: You should consult with an attorney to determine if you should request a formal hearing or waive the hearing.