FOCUS AREA: D.U.I.
At 411 Justice LLC LLC, our attorneys are former DUI prosecutors who have prosecuted and defended over 5,000 DUI cases. We created this focus area to give you an in depth analysis of a DUI case, what effects it has on your license, and how we attack the prosecution’s case. We start with belief that any DUI case can be won. That is how we approach every case.
The first step in any DUI case is to protect your driving privileges. In Florida, driving is a privilege, not a right! Yes, believe it or not, it is a privilege to get a license to drive on Florida’s roadways. Because it is a privilege, the State of Florida asks that you submit to a breath test. You actually sign a document when you get your license that basically states you agree to give a breath test if requested by a police officer. So, when an officer arrests you for DUI and requests that you take a breath test, he does not have to read you anything. The reason: because you already agreed to take it.
If you refuse a breath test, the officer must read you Florida’s Implied Consent Law. Basically, the law states that your license will be suspended for 12 months for your first refusal or 18 months if you previously refused.
Whether you refused or took a breath test with a result above .08 (legal limit), your license will be suspended. If you blew over the legal limit, your license will be suspended for 6 months.
About 10 Day Rule
n 2013, Florida law changed regarding the 10 day rule. You still have only 10 days to decide what to do regarding your license suspension. If you do not do anything, your license will be suspended after the 10th day following your DUI arrest.
The new “10 day rule” basically states that if you choose to challenge your suspension for blowing over the legal limit or refusing, that you forfeit your right to obtain a hardship immediately. If you challenge the suspension and lose, you will have to wait 90 days (for a refusal) and 30 days (if you blew over the limit) to apply for a hardship.
Most first time offenders will want to keep their driving privileges and do not want to take a chance of challenging the suspension.
With just one telephone call to our office, we can provide immediate help with:
- Understanding the new “10 day rule” and how it affects your license
- Deciding whether to challenge the license suspension
- Obtaining a hardship license without delay
- Preventing the loss of your driving privileges
