DUI Lawyers in Hillsborough County

Explaining Florida Law and What You Need to Know After a DUI Arrest

Drinking and driving or using drugs and driving is against the law, but it’s not always clear when someone is too impaired to drive. Driving under the influence is one of the most common offenses in Florida, and a DUI arrest triggers both administrative and criminal consequences. DUI defense hinges on understanding Florida’s statutes and legal processes, as well as the constitutional issues often involved.

At Osenton Law Group, P.A., our criminal defense lawyers can help you navigate the potential criminal consequences of a DUI arrest, as well as other consequences, such as the risk of losing your driving privileges. Call our Hillsborough County law firm at (813) 322-5958 for a strategy session.

When Can You Be Arrested for Driving Under the Influence?

Most people are familiar with the legal blood alcohol concentration (BAC) limit in Florida of 0.08 percent. This is the measure of how much alcohol someone of legal drinking age (21) can have in their system before they are considered automatically impaired. However, it’s still very possible to be arrested for driving under the influence with a BAC under the legal limit or without having had anything to drink at all.

Florida law says that someone can be arrested for DUI if they are under the influence of alcohol or another substance, usually a controlled substance, but other chemicals apply, to the point that their “normal faculties are impaired.” The law also states that the person must be “driving or in actual physical control of a vehicle.”

Both of these aspects are important to understand. Because controlled substances are included in Florida’s DUI laws, this means that you could be arrested and charged with driving under the influence even if you have taken medications that have been legitimately prescribed to you. Determining impairment is a largely subjective process, and an officer may decide you are impaired even when you aren’t.

Many people also believe that they can only be arrested for DUI if they are physically driving the car. However, you may be considered in physical control of the vehicle even if it isn’t actually moving, such as if the car is in a parking lot but it’s turned on, and you are in the driver’s seat.

One of the first things a DUI defense attorney will do is evaluate the circumstances of your arrest to determine whether you met the requirements for driving under the influence as outlined in the law.

Does a Police Officer Need a Reason to Stop You?

Many DUI arrests happen as a result of routine traffic stops. Even something as small as having a brake light out or not coming to a complete stop at a stop sign could trigger a law enforcement officer to conduct a stop. If they then notice signs of impairment, such as slurred speech, smell alcohol or marijuana, or see evidence of alcohol or drugs in plain sight in the car, the traffic stop turns into a DUI investigation.

However, officers in Florida must have reasonable suspicion of a traffic violation or a suspected crime to pull you over. This is often a critical point for DUI defense cases. An experienced criminal defense attorney may argue that the officer didn’t have reasonable suspicion for the stop. If the court agrees, it could make any evidence obtained during the stop, including breath or blood alcohol tests, inadmissible in court.

What Happens If You Refuse a Breath or Blood Test?

By having a Florida driver’s license, you are covered by the state’s implied consent statute. This means that you have already consented to chemical testing if you have been arrested for driving under the influence. If you refuse after being arrested, a judge can issue a warrant requiring you to take the test. Refusing a chemical test can also result in an automatic license suspension for one year. If you’ve refused a chemical test before, this can be extended to 18 months, and you could face misdemeanor criminal charges.

It can be tempting to refuse to take a breath or blood test in an attempt to beat the system or buy time until there is less alcohol in the system, but this isn’t something we advise. It’s generally better for your defense case if you submit to the test, and an attorney can determine if the results can be challenged later on.

Is There Any Way to Keep Your Driver’s License?

When you are arrested for DUI, the officer generally takes your driver’s license and issues you a 10-day temporary permit. This gives you 10 days to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. A dedicated DUI defense lawyer can represent you during this hearing and help you fight the license suspension or apply for a hardship license. A hardship license can allow you to drive for specific purposes, such as to work or go to school.

What Are the Consequences of a DUI Conviction?

Driving under the influence is a serious accusation in Florida, and a conviction can have both administrative and legal consequences. For a first conviction, you could face a license suspension of up to one year, a jail sentence of up to six months, and a fine of up to $1,000. These penalties can be increased if bodily injury occurred, your BAC was 0.15 percent or higher, or you had previous DUI convictions.

If you’ve been arrested for driving under the influence in Hillsborough County, it’s critical to act quickly. Call Osenton Law Group, P.A., at (813) 322-5958 for a strategy session with a criminal defense attorney.