You Must Take DUI Charges Seriously – The Penalties Are Harsh
It’s easy to mistake a DUI as just a traffic offense, but that is not the case. DUI is a criminal charge and the consequences can affect you for years.
As a former Florida State Trooper, Taren L. Castro knows how DUI cases are handled in Royal Palm Beach and throughout Florida. You can rely on her knowledge and experience if you face drunk driving charges, contact her today for a free criminal law consultation.
Driving Under The Influence Elements
In Florida, you can be charged with driving under the influence under Fla. Stat. 316.193. The State will have to prove that you drove or were in actual physical control of a vehicle and that you had an alcohol level of .08 or more or that you were under the influence to the extent your normal faculties were impaired.
Field Sobriety Exercises And Breath/Urine Sample
After the traffic stop you will most likely be asked to complete field sobriety exercises and eventually will be asked to give a sample of your breath and urine, if drug use is suspected. Having a DUI charge not only has criminal implications but you will also face administrative driver license suspension.
Misdemeanor Or Felony
A DUI can be charged as a misdemeanor unless there are aggravating factors such as a third or subsequent offense, serious bodily injury to another, death of a human being or failing to render aid after a DUI crash.
The penalties in a DUI can also be enhanced if certain factors are present. If you blew over a .15, you had a minor in the vehicle or you caused a motor vehicle accident.
There are numerous penalties involved with a DUI charge, including incarceration, fines, driver license revocation, impoundment or immobilization of vehicle, DUI school and interlock ignition device.
Formal Or Informal Review Hearings
Fla. Stat. 322.2615 and 322.64, authorizes the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to conduct formal and informal reviews, before the Bureau of Administrative Reviews (BAR), for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications. Attorney Castro can assist you in scheduling a hearing to determine if your license can be reinstated.
In Florida, you can apply for a hardship license (aka business purposes only) after being charged with a DUI for the first time. Under, Fla. Stat. 322.271(7), a driver may request a formal or informal review of the suspension by DHSMV within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege. Time is of the essence given the Statute only provides 10 days to apply. Contact The Castro Law Firm at 561-408-0369 to apply for your hardship license today.
Commercial Driver’s License
Persons who have a Commercial Driver License (CDL) may be disqualified from operating a commercial motor vehicle (CMV) for one year. Some examples include:
- Conviction for driving a CMV with a blood alcohol level of .04 or above;
- Driving a CMV while under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a CMV;
- Driving a CMV while under the influence of alcohol or controlled substance; or driving a CMV while in possession of a controlled substance.
Hire A Knowledgeable DUI Defense Lawyer
If you are facing DUI charges or want to apply for an administrative hearing to reinstate your driver’s license, Attorney Castro can help you. Please call The Castro Law Firm, PLLC, at 561-408-0369 to schedule your free consultation or simply send an email. Hablamos Español.