Getting a DUI can have major consequences from loss
of your driving privilege to jail time. DUI is a crime that can
happen to anyone and you have a right to know what your legal rights
are. It is important to hire an attorney right away
to ensure your best chances at keeping your legal rights and freedom.
Call Attorney Corey Cohen at the Law Office of Cohen
& Storie for a full list of your rights under Florida Law. Corey
Cohen is a former Assistant State Attorney and has handled thousands
of cases just like yours.
Do not fall victim to the police or the court system,
this is a very stressful and confusing time and you need someone
on your side who will listen to your story.
Once you are issued a citation for DUI/DWI you only have 10 calendar
days to request a review hearing to have the DMV determine if you
can keep your drivers license. Have a trained professional from
the Law Office of Cohen & Storie go to this hearing for you.
The DUI citation will serve as a temporary license
for business purposes for 10 days, however, once you request the
review hearing with the DMV, you will be issued an extension of
the business purpose license until your DMV hearing date.
First Florida DUI Offense
Florida Criminal Status: Any DUI violation resulting
in property damage is a misdemeanor of the 1st degree. Any DUI violation
resulting in serious bodily injury to another is a 3rd degree felony.
Any DUI violation that results in the death of another is DUI manslaughter,
resulting in either a 1st or 2nd degree felony, depending on the
circumstances.
Jail: Not more than 6 months. Not
more than 9 months if BAC is 2.0 or higher or if a minor was in
the vehicle.
Florida DUI Fines/Costs: Not less
than $250 nor more than $500. If the BAC is 2.0 or higher, or if
a minor was in the vehicle, not less than $500 nor more than $1,000.
Florida License Suspension: 180
days to 1 year.
Violation of Zero Tolerance Law: 1st
offense: 6-month license suspension; 2nd offense: 1-year license
suspension. Must complete a substance abuse class before any hardship
reinstatement can occur.
Florida Conditional License: Yes.
Must complete DUI school first.
Vehicle Impound: 10 days unless
the family of the defendant has no other transportation.
Florida DUI School: 1st conviction:
Must complete DUI school before any hardship reinstatement. If reinstated
after revocation period expires, failure to complete DUI school
within 90 days after reinstatement will result in license cancellation.
Florida Probation: 1 year maximum.
Florida Community Service: Mandatory
50 hours
Second Florida DUI Offense Plus
Florida Criminal Status: Any DUI
violation resulting in property damage is a misdemeanor of the 1st
degree. Any DUI violation resulting in serious bodily injury to
another is a 3rd degree felony. Any DUI violation that results in
the death of another is DUI manslaughter, resulting in either a
1st or 2nd degree felony, depending on the circumstances. A 3rd
violation in 10 years is a third degree felony.
Jail: Not more than 9 months. Not
more than 12 months if second conviction is within 5 years of first,
mandatory imprisonment of at least 10 days. At least 48 hours of
confinement must be consecutive.
Florida DUI Fines/Costs: Not less
than $500 or more than $1,000. If the BAC is 2.0 or higher, or if
a minor was in the vehicle, not less than $1,000 or more than $2,000.
Florida License Suspension: 180
days to 1 year. Minimum 5-year revocation if second conviction is
within 5 years of the first. May be eligible for hardship reinstatement
after 1 year.
Vehicle Impound: 30 days if second
offense is within 5 years of first. May be waived if family of the
defendant has no other transportation.
Florida DUI School: 2nd conviction
in 5 years: Must complete DUI school following conviction.
Florida Probation: 1 year.
Florida Community Service: Court
may grant community service in lieu of DUI fines if defendant is
unable to pay.
Other
Commercial Vehicle: BAC limit for commercial drivers
is .04 or higher, or refusal to take breath test. One-year license
revocation for 1st offense. Permanent disqualification of license
for 2nd offense. No hardship provisions.
Florida DUI Insurance Consequences
How long does a DUI
stay on your record? A DUI in Florida stays on your driving
record forever.
Ignition interlock device program:
1st offense: Up to 6 months; 2nd offense: Mandatory ignition interlock
device for 1 year.
For a more detailed explanation of the DUI Penalties
in Florida call Attorney Corey Cohen at 407-897-0888.
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If the police officer observes some evidence of alcohol
usage, he/she will ask you to perform a series of "field sobriety
tests" (FSTs). Typically, these tests measure your physical
dexterity or mental acuity. Most officers will use three to five
of the following tests:
- recite the alphabet
- count backwards
- line-walking
- finger-to-nose
- heel-to-toe
- balancing one foot at a time
- fingers-to-thumb
If you have chronic physical problems or physical
limitations, have difficulty with your balance, walking, etc., it
would be wise to inform the officer prior to taking the tests.
Also, in many localities the police routinely video-tape
all stops. If so, the FST may also be video-taped.
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You cannot be forced to take the blood, breath, or urine test, but
refusing can result in a variety of harsh consequences. Generally,
there are three adverse results:
(1) Your driver's license will be suspended for
a period of twelve months. This is true even if you are found not
guilty of the DUI charge at trial.
(2) In Florida a refusal is a separate crime if
you have previously refused to take a breath test before.
(3) The fact of refusal can be introduced into evidence
as "consciousness of guilt".
Therefore, before you make the decision as to whether
to take a breath test call Corey Cohen at 407-897-0888 for professional
advice.
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