Over the years, Mr. Frankel has come to recognize several DUI-related questions that are quite common. Below are examples of them and brief answers, but the best way for you to proceed if you face DUI or DUI-related charges in Florida is to contact Adam Frankel, P.A. as soon as possible for a consultation.
How much alcohol must be in my system for me to be charged with DUI in Florida?
The legal limit for BAC (Blood Alcohol Content) in Florida is .08, and this is measured in two ways. If you are given a breath test, you must have at least .08 or more grams of alcohol per 210 liters of breath. If you are given a blood test, you must have at least .08 grams of alcohol per 100 milliliters of blood.
Do I actually have to be seen driving my car to be exposed to a DUI charge?
No. Obviously, if you are pulled over while driving, you can be subject to a charge of DUI. However, the Florida statute only requires that you be in "actual physical control" of a vehicle at the time of your arrest. This means that even if you're simply parked in a public place, you could face charges.
Do I lose my license immediately if I'm arrested for DUI in Florida?
If you are arrested for DUI in Florida, the arresting officer will take your license and issue you a DUI citation. This citation acts as your temporary license, and is valid for 10 days after your arrest. This 10-day period is important, because you must request an administrative hearing with the Department of Motor Vehicles within that timeframe in order to review your license suspension and driving privileges. Failure to request this hearing will result in suspension of your license.
How long will I lose my license if it is suspended?
That depends on several factors. If you refuse to take a lawful breath, blood or urine test, you will lose your license for one year if it's your first refusal and 18 months if it's your second. If you take the test and are found to have more than the legal BAC in your system, you will face a license suspension of 6 months to one year for a first conviction.
Is a DUI conviction considered a misdemeanor or a felony?
That depends on two things - your prior record and the circumstances surrounding your arrest. If you are convicted of DUI and it's your first offense, you will be charged with/convicted of a misdemeanor, and this will generally be the case with your second DUI offense. However, if you have two or more previous DUI convictions within the preceding 10 years, the third conviction will be classified as a felony.
If you inflict damage to property of a significant value or someone else is injured or killed while you were driving under the influence, you will be charged with a serious felony.
What are the fines for a DUI?
The fines range depending on number of previous convictions and circumstances surrounding your case. These fines run from $250 up to $5,000 or more.
Will my auto insurance rates rise with a DUI conviction?
Yes, and they will rise dramatically. No two situations are exactly alike, but rest assured that your insurance company will raise your premiums to account for the "higher risk" you present to the underwriter.
Will I go to jail if I'm convicted of DUI?
Possibly. If you've been convicted of several DUI charges in the past or you injured or killed someone while operating under the influence, chances are that you'll be facing significant jail time.
What should I do if I'm arrested for and charged with a DUI in Florida?
The first thing you should do is contact Adam Frankel, P.A., immediately for a consultation. Mr. Frankel needs time to help you prepare your defense, and you have only 10 days to request your DMV hearing. The situation will only get worse if you wait, so contact Mr. Frankel today.
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