Florida Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

In Florida, DUIs are unique in the fact that they don't fall into the normal definitions of first- or second-degree misdemeanor. That being said, a first-time-DUI will always be a misdemeanor offense unless there was an accident with serious injuries or death involved.

In some cases, your DUI case may be available for dismissal and subsequent expungement with your participation in a state-approved pretrial intervention program. If you meet any of the following criteria, you may be eligible for this program: First-time offender. Only one previous conviction for nonviolent misdemeanor.

Evidence in DUI cases may include the results of a blood alcohol content (BAC) test, statements and testimony from the arresting officer and other witnesses, and other admissible information.

To win a DUI case, the prosecution needs to establish beyond any reasonable doubt that the accused was both operating a vehicle and was significantly impaired due to alcohol or drugs. A jury may choose not to convict if there is insufficient evidence, although other factors can play into this decision.

Suspension for driving with an unlawful alcohol level of . 08 or above, or refusal to submit to breath, urine, or blood test, must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement.

DWI is used interchangeably with DUI in Florida laws. DWI is an abbreviation of Driving While Intoxicated (or Impaired). While DWI and DUI in Florida legally mean the same thing, some other states will differentiate the two, using DWI for drug impairment from either prescription or recreational substances.

Under Florida law, a blood or breath alcohol level of 0.08 is prima facie evidence that a person is under the influence of alcohol to the extent that normal faculties are impaired and, therefore, is guilty of DUI, regardless of the person's actual degree of intoxication or impairment (s. 316.1934 (3), F.S.).

Refusing these tests during a DUI arrest will result in a person's driver's license being suspended. Not only will a person suffer a license suspension, but they will also likely have to pay fines, complete community service, complete DUI school, serve jail time, and more.

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Florida Driving Under the Influence - DUI - Questionnaire