1Legal Limits for a DUI
In Florida there are different penalties that are determined based on the level of alcohol that is found in your system. The level of alcohol is measured based on the percentage found in correlation to your blood. This is known as your blood alcohol concentration (BAC). Under the current laws in Florida if you are driving with a BAC of .08 or higher, you are in violation of the law. There is one caveat that needs to be pointed out; Florida has a zero tolerance law towards drivers that are under the age of 21. If you are under the legal drinking age and are found to have a BAC of .02 then you will be charged with a DUI.
2DUI Arrest Penalties
The other major component in determining the penalties that a person charged with a DUI could face would deal with any prior DUI charges. For example, a person that has been arrested for DUI in Fort Lauderdale but has never been arrested for driving under the influence will not face the same potential penalties that a person who has been found guilty of DUI on prior occasions.
3What Happens with a DUI Arrest
When a person is arrest for driving under the influence there are two separate events that take place. During the alleged offender’s arrest, the police will confiscate the driver’s license of the person who is charged with the DUI. The police department will issue a “ticket” for the charge. This will be the driver’s temporary license for the next 10 days. During that time period the driver will need to file a motion with the department of motor vehicles to show cause of why they should not lose their license. For a first time arrest of a DUI, a person will lose their driver’s license for a period of 6 months to 1 year. If the driver refused to submit to breathalyzer that period will be one year. Whereas a driver that submits and fails the test will lose their license for 6 months for a first offense.
The second event that takes place after an arrest for a DUI is the State’s case against the driver. These are the legal proceedings that can land a person in jail if they do not put up a vigorous defense. Daniel Rosenberg has years of experience as both a prosecutor and criminal defense lawyer. It is with this experience in both the courtroom and in negotiations that allow our clients to put forth the best possible legal defenses for a DUI arrest.
4Should I Blow in a Breathalyzer?
It is always a question as to whether or not to submit to a breathalyzer should be taken on a case by case basis for a first time offender. For subsequent arrests for DUI it is a misdemeanor to not submit to the test and therefore a lawyer should never suggest such a course of action. With that being said, often times the best proof that the state will use against a driver will be a failed breathalyzer test.
Our DUI defense law firm also represents drivers that have been arrest on DUI charges while operating a commercial vehicle. If you have a commercial driver’s license and are convicted of driving under the influence you will lose the ability to operate any commercial vehicle for one full year. For those who earn a living by driving a commercial vehicle this is not an acceptable outcome and they must seek the experience and guidance of a Fort Lauderdale DUI lawyer that is equipped to fight for them.
5Your DUI Defense
Even if you have failed a breathalyzer, field sobriety, or other testing means it does not mean that you don’t have a case. There is no such thing as a test that does not have flaws. Our law firm will spend the time and resources to ensure that the police have dotted all of their “I’s” and crossed all of their “T’s.” When was the last time the breathalyzer machine was calibrated? What training did the administering officer have that conducted the test? When was the last time the driver had food, drink, or tobacco? These are just a few of the questions that we will research and know prior to ever stepping foot in a court. We will make sure to review, research, and question all of the evidence that the State will be using against you. In this research we will know the best course of action to defend you.
Being arrested is a horrible event. However, an arrest is not a conviction. It is crucial that you hire an attorney that will be there and fight each and every step of the way to keep your criminal record clean. A conviction for a DUI (even a first time arrest) you could be facing jail time, a suspension of your driving privileges, and stiff fines. A criminal record can hurt your ability to get a new job, find housing, or affect your personal and family life. The damage done with a conviction can be catastrophic. We will fight for an acquittal, reduced charge, or alternative sentencing. Our experience and know how is exactly what you will need when charged with a DUI in Fort Lauderdale.