The DMV Hearing

When arrested for a DUI, you will be involved in two proceedings: Criminal (Court) and Civil (DMV).

YOU HAVE ONLY 10 DAYS TO ACT FROM THE DATE OF YOUR ARREST WITH REGARD TO YOUR LICENSE ISSUES AT THE DMV.

You need to request a DMV hearing to determine if your license should be suspended if your BAC was at least 0.08% or you were driving while under the influence. For drivers under 21, the BAC limit is 0.01% and for commercial drivers, it is 0.04%. If you don’t request a DMV hearing in time, your license will be suspended automatically.

Our Florida DUI lawyers from Weinstein Legal can represent you at this hearing and challenge any probable cause assertions to stop and arrest you, as well as the results of any breath or blood test.

What are Aggravating Circumstances?

Aggravating circumstances include: driving at least 20 mph over the limit; the presence of a child 14 or under in your car; if your BAC was 0.15% or greater; if you injured or killed someone in an accident; if you damaged someone’s property; if you left the scene of an accident; or if you have multiple prior DUI charges.

If there are aggravating circumstances in your case, you could face jail time or state prison time.

Also, you could lose your driver’s license for more than a year without the opportunity for a restricted license.

A first-time DUI can cost you $10,000 or more in legal fees, fines, court and DMV costs and increased insurance costs. Consult with a DUI lawyer from Weinstein Legal.

What are the DUI Charges and Penalties?

Under Florida law, there are mandatory minimum penalties that must be imposed should you be convicted of a DUI charge. Based on your prior criminal history, the charges in the current case, and if there are any aggravating factors, the mandatory penalties differ.

Consider what a first time DUI conviction entails:

• Possible jail time of 2 to 4 days (or community service in some cases).
• Jail or state prison time if you had an accident that injured or killed someone.
• Fine of $500 to $5,000.
• License suspension from 6 months to lifetime.
• Installation of ignition interlock device or SCRAM monitor on your ankle.
• Mandatory participation in a 3-month DUI class (or 9 months if testing was refused or aggravating circumstances were present).
• Probation for at least 6 months.
• Requirement to have expensive insurance called FR-44

What To Do if Arrested

1. YOU DO NOT HAVE TO DO FIELD SOBRIETY TESTS
2. YOU DO NOT HAVE TO PROVIDE A BREATH SAMPLE; HOWEVER IF YOU DON’T YOU COULD FACE INCREASED LICENSE SUSPENSION AND POTENTIALLY ADDITIONAL CRIMINAL CHARGES
3. YOU DON’T HAVE TO SPEAK TO THE OFFICERS ABOUT ANYTHING OTHER THAN YOUR BIOGRAPHICAL AND CONTACT INFORMATION
4. DON’T PROVIDE EVIDENCE TO THE POLICE
5. PROVIDE YOUR NAME, REGISTRATION, INSURANCE, AND BE RESPECTFUL

Defenses to a DUI

You have a number of defenses available to you in a DUI prosecution that our DUI lawyers can present. These include:

• Lack of probable cause to stop or arrest you.
• Reasonable explanations for your performance on a field sobriety test.
• If it cannot be proved you were the driver.
• If arrested or tested hours after a collision, it can be argued that you were not under the influence or had a BAC of 0.08% at the time you were driving.
• Explanations for your appearance or demeanor that do not involve alcohol or drugs.
• The breathalyzer results had a false high reading based on any of dozens of conditions that could have interfered with its accuracy.
• The machine was not calibrated or serviced properly.
• The blood test sample was contaminated based on failure to follow protocol.
• Other defenses based on the circumstances of your case.