Drunk driving suspects can expect to spend at least two hours answering questions, being fingerprinted and photographed, and submitting to chemical testing of the driver's blood alcohol content (BAC). A driver could spend a few hours before they are released, or it may take up to a few days.
The DUI arrest process in Florida is a multifaceted procedure, encompassing the initial stop, field sobriety and breathalyzer tests, arrest and booking, arraignment and plea, pre-trial motions and hearings, trial, sentencing, driver's license administrative hearings, and potentially the appeal process.
Reducing Your DUI to Reckless Driving in Florida A reckless driving conviction is a second-degree misdemeanor in Florida and results in jail time not to exceed 60 days.
Contrary to popular belief, a positive breathalyzer or breath test in Florida does not always lead to a conviction. Nearly 40 percent of the 55,000 people that are arrested on DUI charges are not convicted.
What to Do If You Get Arrested in Florida for DUI Invoke Your Constitutional Right to Remain Silent with Law Enforcement. Post Bail to Get Out of Jail. Obtain a Hardship License. Write Down all the Details of Your Arrest and Hire an Attorney. Reclaim Your Life While Your Attorney Fights the Case.
For a first-time DUI conviction, Florida law imposes the following potential jail sentences: Up to 6 months in jail if your BAC was below 0.15% and there were no aggravating factors. Up to 9 months in jail if your BAC was 0.15% or higher, or if a minor was in the vehicle at the time of the offense.
The most common plea bargain for a first DUI is a reduction to reckless driving. This can result in lighter penalties such as reduced fines, fewer points on your license, and potentially avoiding jail time.
Best Case. If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.
It is possible for a first-time DUI case to be dismissed, but that will require the help of an experienced criminal defense attorney who can research the facts of the case before forming a legal strategy to have the charges dropped.