FOCUS AREA: D.U.I.

At Alamo & O’Toole, P.A., our attorneys are former DUI prosecutors who have prosecuted and defended over 5,000 DUI cases.  We created this focus area to give you an in depth analysis of a DUI case, what effects it has on your license, and how we attack the prosecution’s case.  We start with belief that any DUI case can be won.  That is how we approach every case. 

The first step in any DUI case is to protect your driving privileges.  In Florida, driving is a privilege, not a right!  Yes, believe it or not, it is a privilege to get a license to drive on Florida’s roadways.  Because it is a privilege, the State of Florida asks that you submit to a breath test.  You actually sign a document when you get your license that basically states you agree to give a breath test if requested by a police officer. So, when an officer arrests you for DUI and requests that you take a breath test, he does not have to read you anything.  The reason:  because you already agreed to take it. 

If you refuse a breath test, the officer must read you Florida’s Implied Consent Law.  Basically, the law states that your license will be suspended for 12 months for your first refusal or 18 months if you previously refused. 

Whether you refused or took a breath test with a result above .08 (legal limit), your license will be suspended.  If you blew over the legal limit, your license will be suspended for 6 months. 

THE 10 DAY RULE                             

You have 10 days to file a request for a Formal Review Hearing following your DUI arrest.  The ticket you were given by the officer is your license to drive for 10 days.  If you do not file a request for a Formal Review Hearing, your license will be suspended after the 10th day. 

A Formal Review Hearing is the process where you can challenge the results of the breath test (if you blew over the legal limit) or challenge whether the officer advised you of the penalties for refusing a breath test (if you refused).  If you request a Formal Review Hearing, you can also request a Temporary Driving Permit.  This permit will allow you to drive for work, school, and religious purposes only.  The permit will last for about one month.

If you win the Formal Review Hearing, you will get your driver license back immediately without any cost to you.  If you lose the Formal Review Hearing, your driver license will be suspended for either 6 months, 12 months, or 18 months.  Here is the good news:  you are entitled to apply for a hardship driver license if you have no prior DUI’s.   If you took a breath test, you can apply for a hardship license after 30 days of no driving.  If you refused a breath test, you can apply for a hardship license after 90 days of no driving.  If you received a Temporary Driving Permit, the 30/90 days begins once the permit expires.

THE DUI STOP   
Read more...

THE ROADSIDES               
Read more...

THE BREATH TEST                            
Read more...

REFUSAL TO TAKE BREATH TEST                
Read more...

DUI LINKS AND RESOURCES

DUI Penalties and License Suspension Information

Check the status of your Florida Driver License

Florida Department of Highway Safety and Motor Vehicles

National Highway Transportation and Safety Administration

Florida’s Licensed DUI Programs

Florida Statutes Online