An off-duty deputy who usually makes the DUI arrests of Florida drunk drivers was recently arrested for the same criminal charge in Winter Haven. The sheriff deputy was pulled over on an early Saturday morning in his pick-up truck after his irregular driving pattern caught the attention of a local traffic deputy. The officer was given a field sobriety test which he failed, and he admitted to drinking prior to getting in the car and driving.
The Florida sheriff has since posted bail and been released, and he is suspended pending the completion of the investigation of his case. In Florida, driving under the influence will result in the disqualification of operating a commercial motor vehicle for an entire year. During this time you are ineligible for a hardship license which would allow you to drive a vehicle under limited and pre-determined circumstances. Once the full year of suspension time has lapsed, drivers may restore their driver license by paying a disqualification reinstatement fee.
Of course, the penalties increase as the activity of the crime becomes more dangerous or offensive. For example, if you repeat a second offense of drunk driving within five years from your first conviction you must serve a revocation period of at least five years. Along with the possible referral of DUI School and/or treatment, you must receive approval from the Administrative Reviews Office in order to obtain a hardship license. This will also require a recommendation from the Special Supervision Services Program. When you go to reinstate your license, whether for a hardship license or your actual commercial license, you will be required to take a test and pay the administrative, revocation reinstatement and license fees.
A single conviction of DUI manslaughter will automatically result in permanent revocation and you will not be eligible to apply for a hardship license until five years after the offense. This is in addition to the DUI School, treatment and fees required of second DUI offenses.
If you are charged with driving with an unlawful alcohol level (DUBAL), which is .08 percent or above, you will be immediately suspended as of the date of arrest. For first time offenders the suspension will last for six months. For any other type of DUBAL offense a one year suspension will be incurred by the guilty party. A hardship license cannot be applied for until the mandatory 30 days of suspension has been served. However, if you have been convicted of DUI two times or more you will need to provide the Administrative Reviews Office with proof that you are enrolled in DUI School. Again, you will need to take the required examination and pay the administration, reinstatement and license fees at the time of reinstatement before you can receive either a hardship license or a full license.
If you have been arrested for drunk driving and you face a DUI conviction, then you need the professional skills of a criminal defense lawyer. The complexities of DUI breath and blood alcohol tests can sometimes result in false reporting. If the test is not properly administered or the machine is not adequately maintained, you may have a case on your hands. No matter what your situation may be, the extensive knowledge and aggressive defense tactics of an attorney will prove invaluable as you tackle the legal system to defend your case. Contact a lawyer from the firm to learn more about how you can get help with your DUI case.