DUI & Traffic Violations

WARNING: YOU ONLY HAVE 10 DAYS FROM THE DATE OF ARREST TO REQUEST AN ADMINISTRATIVE HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE!

The DUI defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney has over 50 years of combined legal experience in defending people charged with driving under the influence or driving with a suspended or revoked license. Mr. LeBoeuf was selected by the Florida Bar to author professional publications to assist other attorneys in providing a defense against DUI charges. Mr. Foster has been selected to give legal seminars educating other Lawyers on how to defend DUI cases and has served as President of the Florida Association of Criminal Defense Lawyers, Tallahassee Division. Our criminal defense attorneys have extensive experience defending individuals accused of crimes, including DUI, and have conducted numerous driver's license hearings. Mr. Resavage has been invited to lecture at FSU concerning DUI and other alcohol related issues.

If you are charged with a DUI, you should know that a DUI conviction remains on your driving record for the rest of your life. A DUI conviction will not only affect your criminal record, it will also seriously affect your driving privilege, increase your insurance rates, and, in many cases, affect your employment. Everyone charged with driving under the influence should immediately consult with an attorney experienced in that area of the law to get a full description of their legal rights.

The statutory minimums for a conviction of DUI are outlined in Florida Statutes, Chapter 316.193.

A summary of the penalties for DUI in Florida are: 

DUI FIRST CONVICTION:

(1) Adjudication of Guilt;
(2) Fine amount not less than $500 or more than $1000;
(3) Imprisonment not to exceed 6 months;
(4) Ignition Interlock Device to be installed in the person’s vehicle for 6 months if the breath sample exceeds .15 or if there was a minor in the vehicle;
(5) Completion of DUI Level I School and any required counseling;
(6) Probation not to exceed 12 months;
(7) Minimum of 50 hours of community service;
(8) Court-ordered driver’s license suspension;
(9) 10 day vehicle impound.

SECOND DUI CONVICTION:

(1) Adjudication of guilt;
(2) Fine amount not less than $1000 or more than $2000;
(3) Ignition Interlock Device to be installed in the person’s vehicle for at least 1 year;
(4) Imprisonment for a minimum of 10 days if the second conviction is within 5 years of the first; but for no more than 9 months;
(5) Completion of DUI Level II School and any required counseling;
(6) 30 day vehicle impound;
(7) Probation not to exceed 12 months;
(8) Court-ordered driver’s license suspension.

THIRD CONVICTION:

(1) Possible felony conviction if the offense occurs within 10 years after a second conviction;
(2) Ignition Interlock Device to be installed in the person’s vehicle for at least 2 years;
(3) Fine amount not less than $2000 or more than $5000;
(4) Imprisonment for a minimum of 30 days if the offense occurs within 10 years of the second; but no more than 12 months;
(5) 90 day vehicle impound;
(6) Probation for at least 24 months;
(7) Court-ordered driver’s license suspension.

If you are charged with a Florida DUI, you should immediately request a formal hearing to contest your license suspension with the Department of Highway Safety and Motor Vehicles.  This must be done very quickly after your arrest or you may lose your right to contest your license suspension. Although DUI is usually a misdemeanor, it may become a felony upon a third or fourth conviction in Florida or if there was an accident that resulted in great bodily harm or death.

Although a driver's license suspension is typical in most DUI cases, the Florida DUI defense attorneys at Brooks, LeBoeuf, Bennett, Foster, & Gwartney have challenged many drivers’ license suspensions and successfully maintained their client's driving privilege. Our DUI defense lawyers are thoroughly familiar with the rules, statutes, and regulations pertaining to DUI charges and have extensive experience in handling not only the criminal but also the administrative proceedings associated with DUI charges.

If you or someone you know needs assistance with a criminal charge, DUI, drunk driving or driving with a suspended license charge, it is imperative that you contact an experienced attorney immediately.

YOU HAVE TOO MUCH AT STAKE not to protect your legal rights! Contact us today to schedule your FREE consultation.

FLORIDA DHSMV ADMINISTRATIVE HEARINGS

You should also be aware that, based upon your DUI arrest, the Department of Highway Safety and Motor Vehicles (“DHSMV”) has already taken administrative action to suspend your driving privileges.  The DHSMV suspension is administrative and is not a criminal charge.  Although the county court and DHSMV proceedings both arise from your arrest for DUI, they are technically separate from one another.  In other words, the disposition of the DHSMV administrative proceedings will have no effect on the county court case and vice-versa. 

Generally, if you have been arrested for DUI, the DHSMV will automatically suspend your driver’s license.  The length of your suspension depends upon the particular circumstances surrounding your arrest.  If you refused to blow into the Breathalyzer machine (the breath test), your license will be suspended for a period of one year from the date of your arrest, or eighteen months if you have refused the breath test on a previous occasion.  If you took the breath test and the results of the test were .08 or higher, your license will be suspended for six months from the date of your arrest.  If this is your second DUI charge and you blew over a .08 on both occasions, your license will be suspended for one year from the date of your arrest.

Your DHSMV suspension may be challenged through a Formal or Informal Administrative Hearing if a hearing is requested within ten days from the date of your arrest.  This right is waived unless requested within the ten-day period.  The DHSMV rarely removes the suspensions due to the low level of proof required.  Unlike your pending criminal case in which your guilt must be proven beyond a reasonable doubt to a jury of your peers, the DHSMV hearing officer only needs to find it was “more likely than not” that you were impaired, to sustain the suspension.

HOW WILL I GET TO WORK AND/OR SCHOOL?
THE FIRST 10 DAYS:
Despite your suspension, you may still be able to drive for ten days after your arrest, pursuant to your “temporary driving permit” if your license is not suspended for some other reason.  The police officer in your case should have given you a yellow DUI ticket which may act as your “temporary driving permit”.  This permit will serve as your driver’s license and allow you to have full driving privileges for ten days from the date of your arrest, if the ticket indicates that you are entitled to a permit.

WHAT HAPPENS AFTER MY TEMPORARY PERMIT EXPIRES?
This depends upon whether your breath test results were over.08, or if you refused to take the breath test.  If you blew over a .08, you will not be able to drive for any purpose for thirty days after your temporary permit expires.  Thus, you will have ten days of full driving privileges followed by thirty days of no driving at all.  You will be eligible to apply for a hardship license immediately after the thirty-day “no driving period” ends (provided you do not have two or more prior DUI convictions). 

If you refused to take the breath test, you will not be able to drive for any purposes for ninety days after your temporary driving permit expires.  Thus, you will have ten days of full driving privileges followed by ninety days of no driving whatsoever.  You will also be eligible to apply for a hardship license immediately after the ninety day “no driving period” ends (provided you do not have two or more prior DUI convictions) or if this is your second refusal.

If a formal administrative hearing has been requested and your license was valid prior to your arrest, an extended temporary driving permit will be issued to you until DHSMV has ruled on your case.  This permit will allow you to drive for business, school and religious purposes only during the time period listed on the permit.  If you have a commercial driver’s license, this permit will not allow you to drive a commercial motor vehicle. 

Our criminal defense attorneys have extensive experience handling Administrative Hearings.  If they are successful, your driving privilege will be reinstated.

SUSPENSION TIME LINE

 .08 OR HIGHER

I. If your breath test results were .08 or higher, the following timeframes apply to you:

II. If you refused the breath test, the following time frames apply to you:

Total Suspension = Twelve (12) months

III.       If you have 2 or more prior DUI convictions, you will not be eligible to receive any driving privileges after your temporary permit expires.  If this is your second refusal to take the breath or blood test, you will not be eligible for hardship privileges after your temporary permit expires, and your total period of suspension will be 18 months instead of 12 months.