First DUI Offense in Florida

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Facing arrest for DUI is an incredibly unsettling, humiliating, and anxiety-ridden experience. Compounding the stress of this criminal case, you have a mere ten (10) days to safeguard your driving privileges in a separate administrative proceeding. Once released from jail, the daunting task of locating the right DUI defense attorney begins, and time is of the essence if you seek assistance in navigating both the criminal and administrative aspects. The Law Office of Sean Clayton, PA in Fort Lauderdale stands ready to assist.

The stakes are exceptionally high, as a DUI conviction permanently stains your criminal record—an indelible mark that cannot be erased or expunged. Furthermore, it triggers a significant spike in car insurance premiums and sets off a chain of costly indirect consequences that may haunt you for a lifetime.

To avoid these dire repercussions, your best course of action is to engage an attorney who will challenge the administrative suspension of your driver’s license through a formal review hearing and vigorously defend against the criminal charges in court. Successfully avoiding a DUI or reckless driving conviction could render you eligible to seal or expunge the record, offering a glimmer of hope for a brighter future.

Consulting with an attorney provides valuable insights into your eligibility for diversion programs, guidance on efficiently meeting required sanctions, and an evaluation of whether contesting the charges aligns with your best interests. They will help you navigate the legal complexities, ensuring informed decisions that support your goals.

At The Law Office of Sean Clayton, PA, our dedicated attorneys specialize in zealously defending DUI cases in Fort Lauderdale and South Florida, spanning Broward, Palm Beach, and Miami-Dade Counties. Our paramount objective is to achieve optimal outcomes for our clients, often resulting in the dismissal of charges or reduction to the lesser offense of reckless driving.

Moreover, we offer invaluable guidance to our clients throughout the administrative proceedings, advising them on strategic courses of action that enhance their chances of a positive resolution. We diligently work to secure diversion opportunities wherever possible. Ultimately, our mission is to assist clients in mitigating the long-term consequences associated with a DUI charge.

Following a DUI arrest in the Miami, Palm Beach, or Fort Lauderdale areas, you will face two distinct types of cases:

1. Administrative Case (Civil) with the DMV (Florida Department of Highway Safety and Motor Vehicles, or DHSMV): This case centers on your driver’s license suspension.
2. Criminal Case: This case will unfold in court.

Our seasoned DUI lawyers possess extensive experience handling both types of cases across all three counties and can provide tailored advice on the most suitable course of action for you.

We strongly encourage anyone accused of a DUI to consult with an attorney early in the process. For assistance in selecting the right attorney, consider reading our Tips for Choosing a DUI Attorney.

To secure a second conviction for driving under the influence (DUI), the State must establish two crucial elements beyond a reasonable doubt:

1. Operation or "Actual Physical Control" (Ability to Operate) of a Vehicle:
   
   • Firstly, they must demonstrate that the defendant either operated or had the ability to operate a vehicle. This includes situations where the defendant was discovered inside or on the vehicle with the keys in the ignition, regardless of their intention to sleep off the effects of alcohol.
   • However, if the vehicle was not functional at the time of the alleged offense, the defense of inoperability may be invoked.

1. Defendant’s Impairment:
   
   • The second element pertains to the defendant’s impairment caused by the consumption of alcoholic beverages, a chemical substance, or a controlled substance.
   • This impairment can be proven in two ways:
     • Affected Normal Faculties: By showing that the defendant’s normal faculties were affected.
     • Blood or Breath-Alcohol Level: By establishing that their blood or breath-alcohol level exceeded the legal limit of .08 grams of alcohol per 100 milliliters of blood or 210 liters of breath.

To assess impairment of normal faculties, law enforcement often conducts field sobriety exercises. These tests are designed to identify any minor slips, slurs, or missteps that may indicate impairment. Although officers claim that these exercises are not graded on a pass/fail basis, they are trained to closely observe any perceived mistakes made by the defendant.

The term “normal faculties” encompasses a wide range of abilities, including but not limited to vision, hearing, mobility, speech, judgment, driving skills, decision-making in emergencies, and the performance of various mental and physical tasks in our daily lives. It may seem astonishing, but the police rely on these roadside assessments to determine a person’s impairment.

Additionally, it is important to note that any actions or statements made by the defendant while in the back of the patrol car, such as falling asleep, are recorded and can be used as evidence against them during the trial.

When it comes to defending against a DUI charge, it requires a deep understanding of technical aspects and the ability to navigate the complexities of litigation. This particular field of law is incredibly diverse, involving various challenges associated with technology, procedural complexities, and legal principles. Each of these challenges is closely tied to the information revealed during the discovery process.

If you want to identify the most suitable defenses for your unique case, we recommend arranging a consultation with our skilled DUI lawyers in Fort Lauderdale. Our expertise extends to clients in Broward, Miami-Dade, and Palm Beach County, ensuring comprehensive legal assistance.  

Following your arrest, the arresting officer will confiscate your driver's license and issue you a 10-day driving permit. If no action is taken during this period, your driver's license will face suspension based on whether you took the breath test or refused it:

1. Breath Test: If you took the breath test and registered a blood alcohol concentration (BAC) above 0.08, your Florida driver's license will be suspended for six months, with a mandatory 30-day hard suspension.

2. Refused Testing: If you declined to take the breath, blood, or urine test, your Florida driver's license will be suspended for twelve months, with a mandatory 90-day hard suspension.

Option 1: Fighting an Administrative Suspension after a first DUI

Your first option is to, within ten (10) days, request a Formal Review of the suspension. By making this request, you will be granted a 42-day driving permit, allowing you to continue driving while your attorney fights against the suspension.

If successful in the hearing, the suspension will be completely removed from your driving record, as if it never occurred. However, if the hearing officer upholds the suspension, your hard suspension period will commence. 

Option 2: Waiving Formal Review and Request Review for Hardship License Eligibility

In certain circumstances, you may choose to waive the formal review hearing and instead request a hardship license following a DUI arrest in Florida. A hardship license allows limited driving privileges for essential purposes, such as work, school, medical appointments, or grocery shopping.

To request a hardship license, you must complete the necessary paperwork and submit it to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). It is important to note that eligibility requirements and procedures may vary, so consulting with an experienced DUI attorney is highly recommended to navigate this process effectively.

Your attorney can guide you through the application process, help gather the required documentation, and present a compelling case to increase your chances of obtaining a hardship license. They will advocate for your needs and work towards securing the best possible outcome for your situation.

Keep in mind that a hardship license is not available immediately after a DUI arrest. There may be a waiting period or other conditions that must be met before you can apply. Understanding the specific requirements and adhering to the necessary steps is crucial to ensure a smooth and successful application process.

A first DUI offense is considered a misdemeanor, but it carries a unique set of penalties that are not imposed for other types of misdemeanors. 

The following are potential penalties for a first DUI conviction:

1. Jail Time or Incarceration: For a DUI blood alcohol level (BAL) .08 or higher the maximum penalty is up to six (6) months in the county jail. If your BAL is .15 or higher or if there was a minor in the vehicle, the jail time can be up to nine (9) months. 
2. Terms of Probation: You may be placed on probation for up to twelve (12) months. However, the total period of probation and incarceration cannot exceed 12 months.
3. Community Service: You are required to complete at least 50 hours of community service. In some cases, the court may allow you to buy out a portion of the community service hours at a rate of $10 per hour.
4. Fine: The fine for a DUI with Property Damage in Florida ranges from $500 to $1,000. If your BAL is .15 or higher or if there was a minor in the vehicle, the fine is not less than $1,000, and can go up to $2,000.
5. Driver License Revocation Period: Your driver's license will be revoked for a minimum of six (6) months and a maximum of twelve (12) months. This revocation period is in addition to any administrative suspension imposed after the arrest.*
6. Vehicle Impoundment or Immobilization: Unless your family has no other means of transportation, the Court must impose ten (10) days of vehicle immobilization. This cannot be served concurrently with the jail term.
7. DUI School: You must complete a Level I twelve (12) hour class, which includes a substance abuse evaluation. Additionally, any recommended follow-up treatment must be completed before seeking hardship reinstatement. Failure to complete DUI school within 90 days after reinstatement will result in license cancellation.
8. Substance Abuse Evaluation and Recommended Treatment: As stated above, after completing DUI school one can be expected to undergo an evaluation and then complete any recommended treatment. The DMV will not consider you to have completed DUI Level I school without this. Some jurisdictions also make it a condition of probation.
9. Ignition Interlock Device: Unless ordered by the Court, an ignition interlock device is not required. However, if your BAC was .15 or higher or if there was a minor in the vehicle, the Court is obligated to order the device for six (6) months.
10. Victim Impact Panel (VIP): This is not mandatory, but just about every jurisdiction now tacks this course on. It is founded by the Mother's Against Drunk Driving (MADD) and they have convinced many jurisdictions to impose this extra condition.
11. No Alcohol or Intoxicant(s) with Random Alcohol or Drug Screening: While on probation one can expect to be subject to random screening at their expense.

If you have been arrested for a first DUI offense in Palm Beach, Miami, or Broward County, FL, it is crucial to consult with a South Florida DUI Lawyer at The Law Office of Sean Clayton, PA. They can provide guidance based on the specific details of your case and help you navigate the legal process to minimize the typical penalties.

* Business Purposes Only or Employment Purposes Only Reinstatements: If you want to reinstate your driving privileges for business or employment purposes, you must complete DUI school and apply for a hearing for possible hardship reinstatement.

For CDL holders, if you plea guilty or no contest to a second DUI in a non-commercial vehicle, the DHSMV will impose a permanent administrative disqualification as a consequence of the second DUI plea.  When facing a DUI charge in a commercial motor vehicle, the consequences are serious. Harsh penalties apply, and it's crucial to have an experienced DUI lawyer by your side.

During the period of disqualification from driving a commercial motor vehicle, there are no provisions for obtaining a hardship license for operating any type of commercial motor vehicle, whether it be for business purposes only or employment purposes only.