Frequently Asked DUI Questions
Q: How do I select a good Florida DUI / DWI lawyer?
A: You should choose a Florida DUI / DWI attorney whom you’re comfortable to aggressively represent you. It’s important that your Florida DUI / DWI attorney have a proven track record of successful drunk driving defense, but you should also ensure that the firm is up-front and honest about all fees and expenses. You want a Florida DUI / DWI attorney who can give you the kind of personal service you need during this stressful time.
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Q: What happens if I pled guilty or no contest at my bail hearing?
A. We can file a motion to withdraw your plea within 30 days of your conviction. However, the court won’t automatically approve your request. You must demonstrate certain facts to the court in order to justify the withdrawal of your plea.
Q: The officer took my driver’s license – can I still drive?
A: Yes, if your license was valid at the time of your Florida DUI / DWI arrest. You have a right to drive for 10 days after your Florida DUI / DWI arrest. You have 10 days after your arrest to request a DMV hearing. If you don’t request a hearing, your driver’s license will be suspended on the 11th day after your Florida DUI / DWI arrest. Once we’ve requested your DMV hearing, we can usually get you a temporary permit to drive for 6 – 8 weeks, because we will coordinate the scheduling of a review hearing with the DMV approximately six weeks following our request. It will take this long to gather the evidence needed to challenge the suspension of your driver’s license.
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Q: How does a guilty plea differ from a no contest plea?
A: They are virtually the same thing – your criminal record, your driving record and the penalties imposed will be the same whether you plead guilty or no contest in your Florida DUI / DWI case. They will both result in a criminal conviction for DUI, and your case will be completed.
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Q: How long will a Florida DUI / DWI conviction stay on my record?
A: It will be on your criminal record and your driving record forever. That’s why it’s so important to aggressively fight the charges.
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Q: Is it possible to fight a Florida DUI / DWI charge with a BAC that was over the legal limit?
A: Without a doubt – we’ve helped countless drivers beat their Florida DUI / DWI charges. Check out our recent court victories to see how we’ve been able to help drivers who tested over the legal limit beat their charges. In some cases we successfully challenge the breath test results, while in others we may attack the legality of the traffic stop or the arrest itself. One of our experienced Florida DUI / DWI attorneys can effectively evaluate your case to determine the most effective defense strategy.
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Q: Will a Florida DUI / DWI conviction make my insurance rates rise?
A: Unfortunately, yes. Insurance companies use potential risk to calculate their rates, and a Florida DUI / DWI on your record creates substantial risk for your insurer. Insurance premiums can increase by as much as $10,000 in the five years following a Florida DUI / DWI conviction.
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Q: Will a prior DUI / DWI conviction from outside of Florida affect my current case?
A: It probably will. Under Florida law, the prosecutor must count all prior DUI / DWI offenses, regardless of whether they were committed in Florida or out of state. This prior conviction can result in a longer jail sentence, bigger fines, a longer driver’s license suspension, etc.
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Q: What does a blood alcohol content (BAC) of .08 percent mean?
A: .08 BAC is called the legal limit, but that’s not entirely accurate. Under Florida DUI / DWI law, .08 is the BAC level where you are presumed to be impaired. This is another way of saying that if you drink enough alcohol to reach.08 BAC, you are automatically considered impaired. However, there are many proven challenges to chemical test evidence in Florida DUI / DWI cases – our recent court victories attest to that.
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Q: What happens if my chemical test showed a BAC of less than .08 percent?
A: Unbelievably, the state can still convict you of DUI / DWI in Florida with a BAC that was below the legal limit – all the prosecutor must do is prove that your “normal faculties” were impaired. Florida prosecutors routinely pursue DUI / DWI cases against drivers whose BAC was .05 percent or greater. However, these charges can be effectively challenged. Hire a qualified Florida DUI / DWI firm to fight for your rights.
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Q: If I was not read my rights, will my case be dismissed?
A: Unfortunately, probably not. If police neglected to give you a Miranda warning before questioning you during their Florida DUI / DWI investigation, we can likely get any statements you made excluded from evidence, but the drunk driving charge will likely remain. However, an officer who neglected to read you your rights probably made other procedural errors, so we’ll scour the case against you to find those errors and use them to your advantage.
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Q: What the state need to prove in order to convict me of DUI / DWI in Florida?
A: The prosecutor must establish the following facts beyond a reasonable doubt: That you were in physical control of a motor vehicle with a BAC of .08 or greater; OR that you were driving with your "normal faculties" impaired.
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Q: How can the state prove I was impaired without a breath test?
A. If you refused to take a chemical test, the prosecutor will seek to convict you based on the officer’s observations of your "normal faculties" and any other available evidence. Florida DUI / DWI law defines normal faculties as the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, perform the many mental and physical requirements of daily life. You may notice that performing a one-leg stand or touching your finger to your nose occurs nowhere in that description.
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Q: If I’m arrested on a Florida DUI / DWI charge, should I ask for an attorney?
A: Absolutely. You have a constitutional right to legal representation, and you should definitely exercise that right before being questioned. However, you are not allowed to have an attorney present before submitting to a chemical test. You are also not allowed to have a legal representative present before taking a field sobriety test, although those exercises are optional. The courts have ruled that an officer conducting a traffic stop can ask you simple informational questions without advising you of your right to a lawyer, but any interrogation can only occur after you’ve been advised of your rights and exercised them if you so desire.
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Q: What happens at my arraignment?
A: Your arraignment is when you enter a formal plea of guilty, not guilty or no contest. Although it’s possible to plead guilty at your arraignment, we strongly advise you against doing so. We’ll advise you to plead not guilty and a hearing will be scheduled at a later date. That will give us enough time to investigate your case and gather the evidence needed to launch an aggressive defense.
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Q: Is the DMV hearing important?
A: Yes. If you don’t exercise your right to a Florida DMV hearing after your drunk driving arrest, your driver’s license will be automatically suspended 10 days after your arrest. Once you request your Florida DMV hearing, you’re eligible to receive a temporary driving permit rather than starting your “hard suspension” right away. You also have the chance of winning your hearing and keeping your license. Perhaps most importantly, it gives your Florida DUI / DWI attorney an opportunity to question witnesses in your DUI / DWI criminal case under oath, and their testimony can later be used to impeach them.
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Q: Why did the officer take my driver’s license away, and when will I get it back?
A: The officer took your license because Florida law allows for the administrative suspension of your driver’s license for six to 18 months if you refuse to take a chemical test after a DUI / DWI arrest, or if your test shows a BAC of .08 percent or greater. You have 10 days after your arrest to request a DMV hearing to contest the suspension – on the 11th day it will become permanent. However, you may be eligible for a temporary permit to continue driving while your DMV hearing is pending, and if you successfully challenge the validity of your administrative suspension, your license will be returned to you, unless it’s suspended in your criminal case.
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Q. Can a Florida DUI / DWI conviction be expunged?
A: Unfortunately, no. Florida law does not allow for DUI / DWI convictions to be expunged. However, in some cases it’s possible to set your plea aside and start your case over. The experienced Florida DUI / DWI attorneys of Ron Sholes and Associates will review your case exhaustively to establish whether setting aside your plea may be an option.
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Q: Will I be sent to jail after a Florida DUI / DWI conviction?
A: In some cases, yes, although first-offense Florida DUI / DWI drivers are unlikely to be incarcerated. However, in drunk driving cases with aggravating circumstances, such as an injury accident, a very high BAC, or misconduct against police can result in jail time even for a first offender. Because the consequences of a Florida DUI / DWI conviction are so severe, it’s critical to have a top defense attorney fighting for your rights.
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Q: Am I required to perform the field sobriety tests?
A: No, field sobriety tests are completely optional, although few police officers actually share this information with individuals suspected of DUI / DWI in Florida. Regardless of how you perform on this “test,” the arresting officer will find aspects of your performance to use as evidence of your impairment. Because of this, it’s better to politely refuse to perform a field sobriety test. However, even if you took the test and feel you performed poorly, don’t worry – we can help. Under cross-examination, it’s possible to get the officer to admit that you performed many aspects of the test correctly.
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