DUI & DUI-Related Offenses

Typically, first-time DUIs are considered misdemeanors. However, if the DUI resulted in serious physical injuries or death, a first time offense can be classified as a felony. Additionally, if a driver has two or more misdemeanors within the past 10 years, it will be considered a felony.

DUI stands for driving under the influence while DWI stands for driving while intoxicated. While some states may consider the two charges as separate offenses, in Florida, they are interchangeable. Therefore, the severity of a DWI will be the same as that of a DUI.

Any DUI charge will result in a license suspension. For a first-time offense, your license will be suspended for 180 days to one year. If a second conviction occurs within five years of your last charge, your license will be suspended for five years. A third conviction results in a 10 year suspension.

For first, second and third convictions, your license will be suspended, however a fourth DUI conviction will result in a permanent revocation. If your conviction classified as either a murder with a motor vehicle or a DUI manslaughter your license will also be permanently revoked.

No, if you are caught driving while your license is suspended, you can face a range of penalties including jail time, points on your driver’s record, fines, community service and an extension of your suspension.

Yes, your lawsuit will be considered a civil suit and will be separate from any criminal charges they may be facing. With the assistance of a DUI lawyer in Gainesville, FL, you can sue for compensation for physical, financial and emotional damages.

Officers who are looking for intoxicated drivers look for signs of impaired driving such as cars that are driving without headlights, stopping for no reason, moving too slowly or quickly, and are unable to drive in a straight line.

What you say to a police officer on the side of the road can be used against you in court. Your first option is to remain silent when the officer asks you if you have been drinking. It is important to remember that under the Constitution, you have a right against self-incrimination. You can also choose to be honest. Where appropriate and true, you can tell the officer if you had one or two drinks and at the what time you had them. If they are spaced apart adequately, the officer will not necessarily hold it against you. The worst thing you can do is lie. A jury will not look favorably upon drivers who claimed to only have had one or two drinks when they actually had five drinks.

Although Florida law imposes legal ramifications if you refuse to submit to a breath test, you are not under any obligation to complete a field sobriety test and there are no criminal penalties for refusing to take the test. Field sobriety tests can be heavily impacted by the slightest bit of nervousness from being stopped. Your attire, especially the type of shoes you wear, can also impact how successfully you complete a field sobriety test. Nevertheless, the police officer will likely consider your refusal as an indicative of a guilt. As a result, if you seriously believe you can perform the tasks correctly and competently, it may benefit you to perform the field sobriety exercises.  If you do well, your results can be used by your DUI attorney as evidence that you were not, in fact, under the influence. However, if you feel you can’t perform these tasks, it’s in your favor to refuse.

During an initial detention, the police officer is looking for signs of intoxication including, slurred speech, traces of alcohol on your breath, red eyes, clumsy movements, inability to stand up straight, failure to understand and respond to officer’s questions, and a flushed face.

After you are get out of jail, the most important thing to do is to contact a DUI defense attorney. With the assistance of an experienced lawyer, you will have the highest chances of fighting your conviction or lowering the consequences. Keep in mind that you only have 10 days after your arrest to contest the administrative suspension of your license or apply for a hardship license. If you fail to do so, your license will automatically be suspended for one year.

If you are facing a DWI charge, you are strongly advised to consult a Gainesville criminal defense attorney. An attorney, who has the necessary past experience with regards to DUIs, will know how which steps to take to get you the best outcome possible, they will advise you on whether to plead guilty or not, and attempt to minimize your sentence.

Your are given a 10-day permit on the day of the arrest. Once the permit expires you have to serve a 90-day suspension before you are eligible to apply for a hardship license. However you are only able to apply for the hardship license upon the first suspension. You must submit proof of enrollment or completion of specific courses from a DWI school. You have 90 days from reinstatement to complete it, otherwise your driver's license will be cancelled until you can provide proof of completion to the driver license office. At the time of reinstatement, you will have to take the required examination, provide proof of the compulsory coverage of bodily injury liability insurance and pay all accumulated fees including an administrative fee, license fee and a suspension reinstatement fee.

For misdemeanor charges, your license will be suspended for varying periods of time but for felonies, your license may be permanently revoked. The severity of the penalties you may receive in criminal court will be dependent on the number of DWI charges on your record. Most offenders may receive fines, probation, mandatory DUI School and have their car impounded; others may also be required to complete community service or spend time in jail.