Getting a DUI means that the individual was operating a vehicle while under the influence of alcohol or drugs. To prove impairment, blood alcohol levels must be at .08% or above. To measure it, a breathalyzer may be used when a police officer suspects that the driver is drunk and unable to control their vehicle safely.
If you are arrested for a DUI, do you lose your license right away?
Being arrested for a DUI means your license will be taken right there unless you do not have it on you. This incident is then reported to the Department of Highway Safety and Motor Vehicles and an administrative suspension of the driver’s license is put into effect.
If this has happened to you, you need to reach out to a DUI attorney and let them know if this was your first offense, if you accepted or refused the breathalyzer, and if your driver’s license was taken. With this information, your lawyer is able to make some critical decisions about you and your driver’s license.
What happens after the arrest?
For ten days after the arrest, your license will be “business purpose’’ only. This means that your driving will have to be restricted to only going where necessary to maintain your livelihood. That is, any driving related to your job, going to medical appointments, taking your kids to school, or going to church.
To receive your business purpose license, if this is your first offense, you can walk into the Department of Motor Vehicles and get it without a contested hearing to fight the suspension. You would be required to present your traffic history and driving record while also having to attend a complete DUI course, among other requirements. However, your lawyer may recommend that you contest the hearing.
What else are you facing after a DUI?
Since a DUI is considered an offense under Florida Law, the following will also apply, in addition to a license suspension:
Fines
If this is your first offense, you may be fined between $200 and $500. Yet, if your blood alcohol level is higher than .15%, fines will increase to between $2,000 and $4,000.
Community Service
For a first conviction, you will find that you must serve a mandatory 50 hours of community service or pay an additional $10 for each required hour.
Probation
For a first conviction, you will not face probation or incarceration of more than one year.
Imprisonment
At the court’s discretion, you may receive a prison sentence that may be served at a drug abuse or alcoholism treatment program. The first conviction will carry a sentence of no more than six months, but if your blood alcohol level was .15% or higher or if there was a minor riding in the vehicle, the term rises to nine months.
License Reinstatement
After the first DUI conviction, you may be required to attend DUI school or rehab treatment in order to qualify for a hardship license. Not doing so may result in the cancellation of your driver’s license. It may be worth your time to consult with a DUI attorney to understand the best way to proceed to recover your license.
