No matter what the situation is, being pulled over because of an obvious traffic infraction could lead you behind bars if you are found guilty of DUI.
When you are suspected to be driving under the influence, being pulled over and withheld for DUI tests is definitely your last chance to enjoy a normal life. Because once you are convicted with DUI, even if it's first time, there is a possibility that you get imprisoned for at least six months. The consequence may vary depending on the BAC or blood alcohol concentration or whether you committed DUI manslaughter and have a minor in the car during the incident.
When you are suspected to be driving under the influence, being pulled over and withheld for DUI tests is definitely your last chance to enjoy a normal life. Because once you are convicted with DUI, even if it's first time, there is a possibility that you get imprisoned for at least six months. The consequence may vary depending on the BAC or blood alcohol concentration or whether you committed DUI manslaughter and have a minor in the car during the incident.
The State of Florida has specific laws pertaining to this first time DUI case. According to Florida statutes, a person can be found guilty of DUI when he or she is the actual driver of the car, just like what driving under the influence connotes. He or she could be under influence of alcohol, drugs or other chemicals that can control or impair the normal cognitive faculties of a person. A person can be pronounced under the influence if he exceeds the legal limit of .08 BAC.
When pulled over, the police officer must follow some protocols and approach the driver in a proper manner. When he suspects that you are under the influence, he will order you to get out of the car and perform field sobriety tests or breath analysis. The field sobriety tests can be administered but you still have the right to refuse. But there are certain laws that force you to yield. The officer could also perform breathalyzer test. The drivers will be instructed to breath on the breathalyzer. Other tests such as blood, breath or urine test could also be performed once taken to the police custody for further tests and blood analysis.
Just like what I have mentioned, refusal to take the test could lead to an arrest, which is preventing an evidence to be collected by the authority, but giving you a chance to fight for the charges with your lawyer. No matter if you undergo the tests or not, as long as the police officer believes that you are that are under the influence, he will make the arrest.
Further, when you are arrested of DUI, your driver's license may be held temporarily in the DHSMV. You are given 10 days from the time of your arrest to process a request for a temporary license and administrative hearing in the DMV. If you fail to meet these requirements, your license may be suspended up to one year.
The DUI procedure usually involves you appearing in front of a judge, usually within 24 hours from the time of your arrest, a pretrial hearing, arraignment, motions, evidential hearings and then trial. It is important that before you appear to the judge, you already consulted an expert DUI attorney and have the evidences gathered for documentation and review.
An expert DUI attorney is needed to reduce, dismiss or acquit any charges against you. This is important in order to possess clean driving record. Clean driving record means no skyrocketing monthly insurance fees, no criminal record in your history, and successful and happy life and career.
When pulled over, the police officer must follow some protocols and approach the driver in a proper manner. When he suspects that you are under the influence, he will order you to get out of the car and perform field sobriety tests or breath analysis. The field sobriety tests can be administered but you still have the right to refuse. But there are certain laws that force you to yield. The officer could also perform breathalyzer test. The drivers will be instructed to breath on the breathalyzer. Other tests such as blood, breath or urine test could also be performed once taken to the police custody for further tests and blood analysis.
Just like what I have mentioned, refusal to take the test could lead to an arrest, which is preventing an evidence to be collected by the authority, but giving you a chance to fight for the charges with your lawyer. No matter if you undergo the tests or not, as long as the police officer believes that you are that are under the influence, he will make the arrest.
Further, when you are arrested of DUI, your driver's license may be held temporarily in the DHSMV. You are given 10 days from the time of your arrest to process a request for a temporary license and administrative hearing in the DMV. If you fail to meet these requirements, your license may be suspended up to one year.
The DUI procedure usually involves you appearing in front of a judge, usually within 24 hours from the time of your arrest, a pretrial hearing, arraignment, motions, evidential hearings and then trial. It is important that before you appear to the judge, you already consulted an expert DUI attorney and have the evidences gathered for documentation and review.
An expert DUI attorney is needed to reduce, dismiss or acquit any charges against you. This is important in order to possess clean driving record. Clean driving record means no skyrocketing monthly insurance fees, no criminal record in your history, and successful and happy life and career.
