Florida Driving Under the Influence Attorney

Gainesville, Ocala and Bushnell DUI & BUI Defense Lawyer

You probably have a lot of questions regarding driving under the influence and boating under the influence if you or a loved one has been arrested. While we are happy to answer your questions when you contact our offices for a consultation, we have also included the answers to some frequently asked questions. We hope you find them helpful.

Florida DUI & BUI Frequently Asked Questions

What should I do if I'm pulled over for drunk driving?

If you have been pulled over for suspected DUI, it is important to be polite and cooperate with the officer who has pulled you over. However, you do not need to discuss how much you have had to drink, and when. Politely decline to answer these questions, as they can be incriminating. If the officer arrests you and asks you to submit to a chemical test to determine your blood alcohol concentration (BAC) you should know the consequences if you refuse this test. Your refusal will result in a license suspension of 6 months to 1 year.

The best thing you can do, if you are arrested, is to immediately contact a lawyer.

Should I hire an attorney even if it is my first offense?

Even if you have never been arrested before, or if this is your fourth arrest for driving under the influence, working with a defense attorney is the only way you can have the chance to avoid a conviction on your record. Your attorney will know exactly what to do in regards to your DMV hearing and trial preparation.

What is the 10 day rule regarding the DMV?

In Florida, you have 10 days to schedule a hearing with the DMV (Division of Motor Vehicles.) If you do not schedule this hearing, your driver's license will be automatically suspended. Your lawyer can schedule this hearing for you and represent you during it.

What is the legal limit in Florida?

In Florida and throughout the rest of the states, if your blood alcohol concentration is discovered to be .08% or above, you are automatically considered to be driving under the influence and can be arrested for this offense, regardless of whether your driving abilities were actually impaired.

What is the legal limit if you are under 21?

If you are under 21 years old, you may not have a blood alcohol concentration of .02% or higher (meaning even trace amounts of alcohol in your breath or blood are illegal if you are operating a motor vehicle.)

Will I face enhanced penalties if my blood alcohol level is very high?

If your blood alcohol concentration is .20% or higher, you will face additional penalties. You will also face additional penalties if you have prior DUI or BUI offenses, if you have a minor in the car with you or if you were driving recklessly at the time of your arrest.

What is "implied consent"?

In Florida, when you receive a driver's license, you agree to have your blood, urine or breath tested for alcohol if you are suspected to be driving under the influence of alcohol or drugs. This means that you will face additional penalties if you refuse testing to determine your blood alcohol level. It is referred to as "implied consent" because your consent is considered to be implied when you get your license and begin to drive.

At the Law Offices of Robert G. Whittel, we deal with BUI and DUI cases throughout Bushnell, Gainesville and Ocala, Florida. Contact DUI defense lawyer Robert Whittel today!