DUI Frequently Asked Questions

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In an effort to help you obtain as much information needed as possible, our attorneys have compiled the list of questions that are most commonly asked about DUI charges in Florida. Feel free to browse through them and navigate to other pages of our site where more information is available

When can I get charged with Driving Under the Influence (DUI)?

A person can becharged with Driving Under the Influence, or DUI, when she/he is driving or is in actual physical control of a vehicle within the state of Florida and is under the influence of alcoholic beverages or any chemical substance, to the extent that the person's normal faculties are impaired or has a blood or breath-alcohol level of 0.08 or more.

What is the "Ten Day Rule"?

The Ten Day Rule states that you have 10 days from theDUI arrestdate to request a formal review hearing and challenge the Administrative Suspension of your driver license. If this hearing is requested within this 10 day period, a temporary license will be issued to you. This license is usually good for up to seven days after the hearing. If the formal review hearing is not requested within this ten day period, your license will be suspended. The suspension will apply for 6 to 18 months, dependin

How serious is a DUI/DWI in Florida?

Driving a motor vehicle Under the Influence of alcoholic beverages or a controlled substance (DUI)is a misdemeanor that is taken very seriously by prosecutors in the State of Florida. Afirst DUI convictionrequires by Florida Statutes that a person be placed on probation, complete 50 hours of community service, complete DUI school, complete a substance abuse course, attend the VIP (victim impact panel), and pay several hundred dollars in fines and court costs (the fine itself is between $250.00 a

What is an Ignition Interlock Device?

The Ignition Interlock Device is an in-car alcohol breath screening device sometimes placed inside a vehicle of a person underDUI probationand connected to the ignition system. Once installed, the person must blow into it and pass a breath test in order to be able to start the vehicle. The Ignition Interlock Device also requires random breath samples to keep the engine working.

What is blood alcohol content and how much is considered illegal?

Breath alcohol content measures the amount of alcohol in a person's breath. A .08 breath alcohol level means that there are .08 grams of alcohol per 210 liters of breath. Blood alcohol content measures the amount of alcohol in a person's blood. A .08 blood alcohol level means that there are .08 grams of alcohol per 100 milliliters of blood.If a person is driving a motor vehicle in Florida and has a breath or blood alcohol level of .08 or greater, he or she ispresumed guilty of DUI. Other evidenc

What happens if I refuse to take a breath analyzer test?

If a person refuses to submit to a lawful test of his or her breath, urine, or blood, their driving privileges may be suspended for one year for a first refusal and eighteen months in the case of a second or subsequent refusal. This suspension may be contested at an administrative hearing; this hearing must be requested within ten days from the day of the arrest. Additionally, a person whose license was previously suspended for refusing to submit to a lawful test of his or her breath, urine, or

I got my license suspended. What can I do to get it back?

It all depends on the reason for suspension. Sometimes all that is required is that a person pay some outstanding tickets.DUI suspensionswill require the completion ofDUI schooland a reinstatement fee. A more serious suspension involves a situation where a person has multiple DUI convictions. In those cases, there may be a lengthy waiting period without any driving and then a person can petition for limited driving privileges, or a hardship license, which allows driving for limited purposes such

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