120 S. Olive Ave., Suite 402
West Palm Beach, FL 33401

Florida DUI Education. Driving with an unlawful alcohol level (DUBAL) – (.08)

According to Florida DUI law, your license will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL (source). You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license. You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of a DUI in Florida two or more times. Under the Florida DUI law, you must provide proof of enrollment in a driving under the influence school to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

As strongly advised by your criminal defense attorney on your first DUI arrest, the stakes increase with each subsequent DUI/DWI arrest. In addition, if you refuse to submit to a breath/urine test, Florida DUI law requires that your license be suspended as of the arrest date for one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension.

While a single drunken-driving conviction is traumatic and expensive enough to sober up most drivers, about one-third of all drunken-driver arrests are of people who are repeating their crime, according to the National Institutes of Health.

Depending on which study you come across, the average person convicted under DUI laws drives drunk anywhere from 50 to 200 times before getting caught. Even after a conviction for driving drunk, 50% to 75% of people whose licenses have been suspended continue to drive (source).

Choosing an experienced and knowledgeable Florida DUI criminal defense attorney is the key to restoring your driving privileges. There are defenses in DUI accident cases, which an experienced and capable lawyer can use.

The following are the potential penalties for multiple DUI convictions in FL. Additional charges and/or aggravating circumstances may increase these penalties:

Second DUI Conviction

Up to nine months in jail

Probation

$1000-$2000 in fines

If this is the second conviction within five years, mandatory ten-day period of incarceration

FL Driver’s License revoked for up to five years

Third DUI Conviction

Up to one year in jail

Probation

$2000-$5000 in fines

If this is the third conviction within ten years, mandatory thirty-day period of incarceration

FL Driver’s License revoked for up to ten years

Fourth or Subsequent DUI Conviction

Up to five years in prison

Probation

$2000-$5000 in fines

FL Driver’s License revoked permanently with no eligibility for a hardship reinstatement

West Palm Beach DUI/DWI Attorney

It is not illegal to drink and drive in Florida, so long as your blood alcohol content (BAC) is not over .08 or your normal faculties are not impaired. At the law firm of Andrew D. Stine, P.A., in West Palm Beach, we advise our clients to neither blow into a breathalyzer machine nor do a roadside test. Why give evidence to the state if you don’t have to?

If you have submitted to a breathalyzer test and failed, that is not the end of your case. The Intoxilzer 5,000 and Intoxilzer 8,000 breathalyzer machines used to measure BAC in Florida have significant problems. If you have an expert witness and an experienced attorney who can challenge the accuracy of the machine in court, the BAC evidence may be thrown out. DUI/DWI Lawyer Andrew Stine has obtained not-guilty verdicts due to machine failure for clients who have had blood alcohol levels of .229 and .227.

The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.

In addition to DUI/DWI charges, we represent clients in DUI accident cases, including:

  • Leaving the scene of accident with severe bodily injury
  • DUI/DWI severe bodily injury
  • DUI/DWI homicide
  • DUI/DWI manslaughter

There are defenses in DUI accident cases, which an experienced and capable lawyer can use. Even if you made a statement to police during your arrest, our lawyers can usually get that evidence thrown out of court. Any statement you give officers cannot be used against you due to the Florida accident report privilege.

Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.

Protecting your right to drive

Unless your request a DMV hearing within 10 days of arrest, you will lose your driver’s license. Even if your license is revoked, we can apply for a hardship license, which is usually immediately granted to you. We have never had a hardship license denied to one of our clients.

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