Frequently Asked DUI Questions
- What if I’m found guilty? Will I go to jail?
In general, a first-time DUI conviction will not result in jail time. However, there are circumstances that may cause a first-time DUI to result in jail, such as causing an accident, driving with a minor in the vehicle, or driving with a blood alcohol concentration above .20 percent. Aside from these types of first-time DUI cases, jail is usually only sentenced when a person is facing a second, third, or subsequent DUI offense.
- Will I lose my driver’s license?
Yes, your driver’s license will most likely be suspended—at least for a little while. For a first-time DUI conviction, you can expect your license to be suspended for 180 days to 1 year. However, if you refused to submit to a breath or blood test, your suspension may be longer. You can also expect to face a longer suspension if you’re found guilty of a second, third, or subsequent DUI.
- Can I contest my license suspension?
Yes you can. All drivers arrested for DUI will have the chance to contest their driver’s license suspension at a hearing with the Florida Department of Highway Safety and Motor Vehicles. If you are successful at this hearing, your driver’s license will be returned. If you lose at the hearing, your license will be suspended for 180 days to 1 year, unless you refused a breath or blood test, in which case your license will be suspended for longer.
That being said, even if you win your driving privileges back at the hearing, your license could still be suspended if you’re found guilty in criminal court. The best way to protect your driver’s license is by hiring an experienced and skilled Orlando DUI lawyer to defend you at your DMV hearing and in court.
- What does the law say about underage DUI offenders?
Under Florida law, any person under the age of 21 found driving with a blood alcohol concentration of .02% or more will be arrested on underage DUI charges. Florida has very strict laws in place in regards to underage drinking and driving, so it’s important to ensure your son or daughter has the defense representation of an Orlando DUI attorney with experience in juvenile DUI cases.
- Should I refuse a breath or blood test?
This is always a tricky question. Although you have the right to refuse a breath or blood test, a refusal can result in enhanced penalties if you’re ultimately convicted of the charges. A refusal can also increase the length of your driver’s license suspension. Furthermore, the prosecution can use your refusal as evidence against you.
With that being said, whether or not you submit to a breath or blood test is a personal choice. You need to decide whether the consequences of refusing the test outweigh the consequences you may face if you take the test and fail it.
- Can I refuse a field sobriety test?
Yes. You are not legally required to take a field sobriety test, and a refusal will not result in any enhanced penalties. In fact, it may be best to refuse these tests, as they are a highly inaccurate way of determining intoxication, and only give prosecutions more evidence to use against you later.
If you have any additional questions about Florida DUI laws or the court process, please feel free to contact an experienced Orlando DUI attorney at Katz & Phillips, P.A. today!