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FAQ

DUI Frequently Asked Questions

What is the legal limit for DUI in Florida?

In the state of Florida a person over 21 may not operate a vehicle with a BAC ( Blood Alcohol Content ) at or above .08%. If a person is under 21 they may not operate a vehicle with a BAC at or above .02%. Please see our Blood Alcohol Content Calculator to see how many drinks you can have an remain under the legal limit.

Can I go to jail if convicted of DUI?

Yes, jail time is possible for a DUI conviction, but in many cases can be avoided. That is why it is important to retain a qualified criminal attorney immediately. A qualified DUI attorney will be able to help defend your case effectively, and ensure the best possible result for you with your DMV Hearing and following proceedings to help you avoid a DUI conviction.


Do I have to blow for a breath test?

No. A roadside breath test is actually one of a number of field sobriety tests that an officer can use after pulling you over to determine if you are impaired. This is not covered under implied consent laws; however, you may still be arrested if the officer has enough reason to suspect you have been driving under the influence.

Can I refuse blood alcohol testing after I’ve been arrested?

You do in fact have the right to refuse, but that will result in the immediate suspension of your license. This is covered under implied consent laws, which, by driving on the road in the first place, imply your consent to blood alcohol testing by law enforcement, if you are suspected to be driving under the influence.

Will I lose my license if I’m arrested for DUI?

A person’s license will be suspended immediately after an arrest. However, it is possible for a person to request a DMV Hearing in order to retain their license until their court appearance. An experienced criminal attorney will be able to help you in filing for the DMV hearing.

What are possible sentences for DUI? if I’m convicted for DUI? Will I go to jail?

If convicted a person’s sentence will depend on a number of factors. The sentencing can range from license suspension, counseling and class, to large fines and jail time. Working with a criminal defense attorney can greatly help to minimize the damage a DUI can cause, by using their experience an expertise to avoid the conviction altogether.

Have you been arrested for DUI?
Contact our firm now!

 

 
   
The information on this Florida DUI Attorney / DUI Lawyer website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: The Law Firm of Wesley J. Farrell Professional Association, The Four Seasons Office Tower 1441 Brickell Ave, Suite 1400 Miami,
             FL 33131 Office: 305-798-4177 Fax: 305-858-7917