DUI? A Serious Offense — a Clearwater Law Firm or DUI Attorneys in Tampa can Help You
Driving while under the influence of alcohol or a controlled substance is a serious traffic offense and is considered a misdemeanor or felony depending on certain circumstances. If charged as a misdemeanor, the penalty includes up to six months of imprisonment, revocation of driver’s license from 6-12 months, fine of $250 – $500, court fees, completion of a substance abuse program, up to 12 months of probation, and 50 hours of community service. A second offense requires a different punishment if occurring within 5 years or outside 5 years of the first DUI. Enhanced penalties may occur where a blood alcohol content results in .15 or higher. A third offense is subject to more severe penalties and may be considered a felony.
Florida drivers are subject to the “implied consent” law which mandates compliance of a breath, urine, or blood sample. This law states that the license owner agrees to take a chemical breath test if requested by a law enforcement officer for driving under the influence. Urine tests are administered if drugs are suspected and blood tests are required under other circumstances. These tests determine how much alcohol or drugs are in the bloodstream. If you or someone you know has been arrested for DUI in Florida, seek a Clearwater law firm or DUI attorney in Tampa to assist you.
A Right to Review a Law Enforcement Officer’s Action can be Granted -- a Clearwater Law Firm or DUI Attorneys in Tampa can Assist You
In Florida, operation of motor vehicles constitutes consent to any sobriety test required by law. As such, providing a blood, breath, or urine draw is required by law and a refusal equates to a drivers license suspension for up to one year. A second refusal is considered a first degree misdemeanor and is punishable by up to one year in jail. However, if a blood, breath or urine sample is not provided, at the choice of the driver, a hard suspension of the driving privileges will result for 30 days. This can be avoided if a timely request for a formal or informal review hearing is made with the Florida Department of Motor Vehicles and Highway Safety. A timely request must be made within 10 days from the time the DUI citation is issued or is considered waived by the driver.
If you or someone you know desires to request a license review and are unsure of how to do so, contact a Clearwater Law Firm or DUI attorneys in Tampa for assistance in this process.
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