Being arrested for DUI can be a traumatic experience. If you’re like most people facing a DUI, you’re scared, you’re uncertain about what will happen, and you probably feel embarrassed and upset.  You also know that you need help and advice – and you should get it -- fast.

A DUI charge in Florida is an extremely serious matter. The State of Florida takes a very hard stance against DUI charges and you need to understand exactly what you’re facing, what your rights and options are, and how an experienced and qualified DUI attorney can help you.

We understand what you’re going through and that you have questions and fears.  In consideration of that, we’ve put together this list of things that you must know about the charges, your case, and the possible outcome.

THE PENALTIES FOR DUI IN Florida CAN BE VERY SEVERE

The penalties for a DUI in Florida can be very severe and include minimum mandatory sentences, even for a first time offender.  The sentence can include possible mandatory jail time; probation; stiff financial penalties, including fines and restitution; the revocation of your license; required attendance in an alcohol treatment program; community service hours; the impounding of your car; and the installation of an ignition interlock device on your vehicle for up to two years.  Penalties increase depending on the circumstances of the DUI charge, and any prior DUI convictions.

YOU WILL NEED TO GO TO COURT AND yOU DON’T WANT TO GO ALONE

You will be required to attend court appearances. If you don’t have a lawyer to represent you, you will need to be there yourself to face the Judge. The judge will ask you several questions to determine if you understand your rights, and if you are waiving your right to a speedy trial before a jury. He will also ask you if you want to plead guilty or not guilty to the charge.  If you plead guilty, the judge will most likely sentence you immediately.

 Unless you are ready and willing to plead guilty and accept the mandatory penalties for the offense, you need to get the help of a qualified DUI attorney. You are facing a criminal charge that can have serious penalties and consequences, as well as a separate administrative hearing with the DMV that will impact your driving record and your driving privileges.

YOU NEED TO CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST

In Florida, if you are arrested for a DUI and your BAC is .08 or higher, or if you refuse the test of your BAC, you face an administrative suspension of your driver’s license.  You must contact the DMV within 10 days of your arrest to request an administrative hearing on this suspension of your driver’s license.  The DMV will issue you a temporary driver’s license while the administrative hearing process is pending.  This hearing is to determine the validity of the administrative suspension of your driver’s license. 

It is possible to win a DMV hearing and we have done so for clients. If you do win the hearing, your driving privileges will remain intact during the pendency of your criminal charge, until you are sentenced in the criminal case, if you are sentenced. (There is a mandatory revocation of your driver’s license upon conviction for DUI).  It is important to note that the outcome of the administrative hearing may not have an effect on the outcome of your pending criminal charges.

A DUI CASE IS NOT A QUICK PROCESS

Unless you decide to plead guilty and accept whatever sentence the judge hands down, your DUI case will take some time. A thorough DUI defense can take several months to get through the court system. The more complicated cases, such as repeat offenses or medical defenses, can take longer to resolve.  Felony DUI charges can take even longer, possibly over a year or more.   You need to know what to expect when facing a DUI charge, and your DUI charge is not going to go away in just a couple of weeks. When you meet with one of our DUI attorneys for a free consultation, we can estimate for you how long your case may take to get through the court system.

you will have a criminal record

Driving Under the Influence in Florida is a crime.  If you plead guilty or lose at trial, a conviction is also mandatory in Florida.  If you are convicted of DUI, you will have a permanent criminal record that could have a negative impact on your job, future job opportunities, or other life events.

A DUI Conviction effects your automobile insurance

If you are convicted of DUI in Florida, your automobile insurance carrier can cancel your coverage, with proper notice, or deny future coverage. Even if the carrier does not drop your insurance or you obtain insurance through another carrier, a single DUI conviction can greatly increase your automobile insurance rates for several years.

In Florida, a driver convicted of DUI is required to obtain increased coverage limits and submit an “FR-44” form to the DMV showing the required increased insurance coverage amounts.  This increased coverage amount, along with the DUI charge or conviction, can significantly increase your insurance premium, and your insurance company may further increase your rate if they consider you a “high risk” driver due to the DUI.  It is important to note that a DUI arrest and conviction show up on a person’s driving record.

A felony dui conviction effects your right to possess and own a firearm

If you are convicted of a felony in Florida, you are prohibited from owning or possessing a firearm. Depending on the circumstances of your arrest, you could be facing a felony DUI charge.  If convicted, your right to own and possess a firearm will be infringed.  The felony conviction can also limit the jobs you may obtain, especially if the job you want requires that you carry a firearm.

florida is an implied consent state

Florida is an “implied consent” state, meaning that if you are arrested for DUI, you have already consented to alcohol testing just for having a driver’s license.  Once you have been arrested for DUI, Florida’s implied consent law requires that you submit to a chemical test of your blood or breath to determine your BAC level.  You can refuse this test; however, if you refuse to submit to the chemical test, your refusal will be used against you in court and the DMV will suspend your driver’s license for one year, or for 18 months for a 2^nd or subsequent refusal.

you may have options when facing a dui charge

 While an attorney cannot make promises or guarantees regarding your DUI case and its outcome, we can review your case and advise you of your options.  We may be able to get your DUI charges reduced and, in some circumstances, we may be able to have your charges dismissed.  The facts and circumstances of each DUI case are different, and this is why it is vital for you to hire an experienced, knowledgeable, and skilled DUI lawyer to help you with your case. The process is complex and the penalties can be severe.

 OUR FIRM

 When you hire Olivero Law to represent you in your DUI case, you don’t just get a lawyer who will save you from having to make court appearances.  You get a team of professionals dedicated to your case and aggressively representing you. 

We will complete a thorough examination of all the evidence in your case.  The police report is not the only evidence in your case; it is simply the officer’s statement. We will gather every bit of pertinent evidence in your case, including audio or video evidence, reports on the machine used to test your blood alcohol and its proper maintenance and calibration, any witnesses, and any other physical evidence.

 We will represent you at every stage of the case, attend all court appearances, including the DMV administrative hearings.  With our firm, you can be assured that you will be well represented at every turn. We will be there with you and for you, through your first court appearance, your DMV administrative hearing, your jury trial, and any plea bargain negotiations that may take place.

As you can see, a DUI charge is not a simple matter that you can clear up on your own. You need the best representation that you can get and we are prepared to provide you with the best and aggressive representation.

Call our office today to set up an appointment for a free consultation. We will discuss your case thoroughly, let you know how long it will likely take, and what steps we can take to defend you.

Call (813) 534-0393 to set up a free consultation or visit www.oliverolaw.com.