If you or someone you know has been arrested for driving under the influence (DUI), it is essential that you reach out to an experienced lawyer right away. At Mowrey Law Firm, our seasoned defense lawyers know what is at stake in these types of cases, and we are equipped with the resources and strategies you need to protect your rights and driving privileges.
In Florida, a driver can be arrested for DUI if he or she is impaired by alcohol or drugs. A DUI arrest will cause two separate cases to be initiated against you. The State Attorney’s Office will file criminal charges against you, and the Department of Highway Safety and Motor Vehicles (DMV) will initiate civil proceedings against you that will impact your driver’s license.
DUI is a serious crime that can be prosecuted as a misdemeanor or a felony offense. The specific criminal penalties you face will be largely determined by the facts of your case and whether you have any prior DUI convictions. The consequences can include
Additionally, regardless of whether this is your first or subsequent conviction, the penalties you face can increase if any aggravating factors were present at the time of the offense. Aggravating factors in a DUI matter include, but are not limited to:
When it comes to figuring out your best defense against a charge of drunk driving, the experienced attorneys at Mowrey Law Firm will examine every detail of your case to determine the best course of action. We will thoroughly review the circumstances of your DUI arrest to determine, among other things, whether the police had probable cause to stop you, whether the field sobriety tests were properly administered, whether the breath and chemical tests were appropriately administered, and factors such as prescription drugs or health conditions that may affect your driving and test results. The information gathered during these investigations could make the difference between a dismissal or reduced charges. At Mowrey Law Firm, we know how to advocate for the best outcome for your individual case.
In addition to the criminal penalties, if you are arrested for a DUI your driver’s license is subject to a DHSMV Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either (1) submitted to a breath, urine or blood test and your blood alcohol level (BAC) was found to be .08 or higher; or (2) refused to submit to a breath, urine or blood test (DUI refusal).
If you submitted to a breath, urine, or blood test and your BAC was found to be .08 or higher, your license will be administratively suspended for a period of 6 months. For a first-time DUI refusal your license will be administratively suspended for a period of 12 months. For a second or subsequent refusal, your license will be suspended for a period of 18 months and you are not eligible for a hardship/business purposes only license.
The Administrative Suspension begins on the day you are arrested. The police will take your driver’s license and send it to the DHSMV. You will be provided with your DUI citation which acts as a ten-day, unrestricted driver’s license. This temporary driving permit expires at midnight on the 10th day following the date of your arrest.
You must act quickly. You only have 10 days to either request a formal review hearing to contest the suspension, or to waive your right to a review of the suspension and receive a hardship license right away.
No matter what type of DUI charges you are facing, it is important to have an experienced attorney on your side. At Mowrey Law Firm, our attorneys can assist you with both the criminal and administrative aspects of your case and will explore every possible option to obtain the most favorable outcome on your behalf.