Being arrested for DUI is a very stressful experience. One of the most stressful aspect of it is not knowing what to expect. This article will give you a brief idea of what to expect if you are arrested for DUI in Florida.
If you have been pulled over and stopped by a Police officer in Florida, and you are suspected of driving under the influence (DUI), you may be offered a breathalyzer test. If the breath test shows a blood alcohol level (BAL) or blood alcohol count (BAC) of .08 or more, you will be arrested for DUI. That means that you will be facing DUI charges in criminal Court, and a license suspension by the DMV.
If you blew over the limit, or failed the field sobriety tests, you may think that you should just declare yourself guilty. You may think that there is no use in paying a DUI attorney to fight the charges. However, a DUI is like any other criminal charge. You have the presumption of innocence, and you have the right to hire an attorney to help you fight the DUI charges. With an aggressive defense there is the possibility that the DUI case can be dismissed, or that you can be found not guilty and avoid a DUI conviction.
Sometimes driving under the influence (DUI) charges can be invalidated, and the charges can be dismissed because the arresting officers did not make a valid stop in the first place. Other times, DUI charges can be dismissed because the law enforcement officers failed to properly administer the field sobriety tests, or the breath tests. Occasionally, a DUI case can be dismissed because the Police officer failed to wait the proper amount of time prior to giving the breath test, or failed to give Miranda warnings about the right to remain silent or right to counsel as required under Florida, and Federal Constitutional law.
If you receive a DUI in Florida time is of the essence. You have 10 days to request an Administrative Review with the DMV to attempt to avoid your license from being surrendered. The more time that a DUI attorney has to prepare your defense the better.