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.

• Driving Privilege
• DUI Penalties in Florida
• What are field sobriety tests?
• What if I refuse to take a breath test?

Driving Privilege

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.

DUI Penalties in Florida

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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What are field sobriety tests?

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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What if I refuse to take a breath test?

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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