After a first-time DUI conviction, how can I get my license reinstated?
The penalty for a first time DUI can result in revocation of your license, if there was a serious injury involved, the revocation may last 36 months. If you want your license reinstated before the revocation term expires, then you will need to apply for a ‘hardship’ driver license and show proof that you have completed a DUI program.
Who qualifies for a ‘Hardship’ License?
The hardship license is not for everyone. You have to prove to the court that without a driver’s license, you are not able to run a business, drive to a hospital for care or get back and forth from a place of worship. The hardship license is not given to people who just want to go out and socialize or meet friends. Even when permission is granted, the hardship license has restrictions – you may only be allowed to go back and forth from your business, church or the doctor’s office.
If the revocation period is over and you want your license restored, then you will need to show proof of enrollment or completion of a DUI course.
Are there any fees involved when obtaining a hardship license?
Yes, once you have completed your DUI sanctions and want a hardship license, you will be required to pay an administrative fee, as well as a reinstatement fee, and a license fee.
How do I find a DUI Program to complete my course requirements?
To find a DUI program click this link. Remember you can only attend a DUI program that is located in the county, where you reside.
What is Probable Cause?
Probable Cause describe as sufficient reason. When you arrested for a DUI it means that officers has sufficient reason to arrest you for driving under the influence.
At what level of alcohol can I be charged with DUI?
In Florida, you may be charged with a DUI when the blood alcohol content is above 0.08. In some cases, if the law enforcement officer notices marked mental impairment that may be due to alcohol, you can even be charged with DUI below the 0.08 limit. The same law applies to individuals under the age of 21 who can be charged with a DUI if their blood alcohol content is at or above 0.02.
What are the penalties for a DUI in Florida?
The penalty for DUI in Florida depends on many factors, such as past convictions and if there was any injury involved. For a first DUI conviction, you can be fined anywhere between $500-$1,000. However, if your BAC is more than 0.15, the fine may range from $1,000-$2,000, in addition, first-time offenders are mandated to do at least 50 hours of community service and/or be sent to prison for 6-12 months. For all repeat offenders, the monetary penalties and incarceration period also increase.
When is an ignition interlock device fitted in my car?
Under Florida law, an ignition interlock device is required for any driver convicted of a second DUI. Once the device is inserted, to start the car one first has to blow in the machine, which tests for alcohol in the breath. If the court orders an ignition device to be fitted in your vehicle, you are responsible for the installation, maintenance, and reporting.
What type of criminal record will I have after my DUI conviction?
In Florida, DUI is a crime. Most first-time DUI convictions are misdemeanors but if you are a habitual offender, you may be charged with a felony. Unfortunately, both the misdemeanor and felony will show up on a criminal background check. However, in Florida, in certain cases, with the assistance of a lawyer, you can have the charges reduced or enter into a ‘first-time’ offender program that will help avoid a permanent criminal record as long as you meet certain requirements.
What is “implied consent?”
When you are issued a driver’s license in Florida, you are given the privilege to drive. One of the conditions of issuance of the license is that when stopped by a police officer who suspects you of driving drunk, you also agree to submit to a breathalyzer. The automatic requirement to submit to these ‘alcohol tests’ for drunk driving is known as the ‘Implied Consent’ rule.
Can I refuse the breathalyzer test in Florida?
Under the ‘implied consent’ rule, driving is a privilege and when you get your license to drive, you automatically agree to take a test given by a law enforcement officer to determine the alcohol level in your body. If you refuse to take the breathalyzer test, you will be arrested on the spot and your license can be suspended for 6-18 months.
Can an attorney help me if I am charged with a DUI?
Law enforcement has to follow certain protocols and procedures and give you a breathalyzer test in an appropriate informed manner. Many times mistakes are made during the process of administering the breathalyzer test and a skilled lawyer can help get the charges reduced or even thrown out. The best way to know if your DUI case can be resolved is to speak with an attorney. Frost Law represents clients facing DUI and other felony and misdemeanor charges. Get help from an experienced trial attorney and former state prosecutor. Call (407) 670-5569 to schedule your free consultation.
