With the holiday season comes an increase in the number of DUI arrests. DUI, or driving under the influence, is a serious criminal charge. If you are found guilty of a first-time DUI offense you could face a number of penalties including fines, incarceration, and probation and community service. The penalties are increased for those who have previous DUI convictions or when there is personal injury or property damage. It is important to know how to handle your situation if you have been arrested for DUI in Brevard County.
Florida’s Implied Consent Law
Florida, like many other states, has what is known as implied consent. As part of the privilege for a Florida driver’s license, you must agree to submit to an approved chemical or physical test if requested to do so by a member of law enforcement. If you have been stopped for suspicion of DUI, the police officer will request that you take several field sobriety tests. These tests include such things as walking a straight line and standing on one leg and breathalyzer, among others. These field tests are for the officer’s use in determining whether you might be impaired.
The officer has the ability to proceed with a blood or urine test to confirm your blood alcohol concentration, or BAC. In Florida, the BAC threshold is 0.08%. If you refuse to submit to a DUI test you, could be charged with another offense and your license will be suspended. Therefore, it is generally not best to refuse such a test accept in some instances where you have had a number of previous DUI convictions.
How to Fight DUI Charges
Fighting DUI charges can be complicated and requires the expertise of a Brevard County DUI lawyer. Your lawyer will assist in gathering documentation regarding your case including details of the initial traffic stop, information about field sobriety tests and review of the results of a blood, urine or breath test.
There are two separate cases that need to be resolved in a DUI arrest. In addition to the criminal DUI offense, drivers face an administrative case with Florida Highway Safety and Motor Vehicles (FLHSMV). You must take action with FDHSMV within 10 days in order to try to protect and retain your driving privileges. Your Brevard County DUI lawyer will assist in this matter to try to help you keep your license.
Help from a Qualified Brevard County DUI Attorney
The goal of your attorney is to resolve your case in the best manner possible. If evidence was gathered incorrectly, tests were administered improperly or the testing equipment is questionable these are all areas that could be used in a successful DUI case defense. If you are questioned for DUI, you should not admit guilt. You are allowed to have your lawyer present for any police questioning. A DUI arrest can be a traumatic and difficult experience that is best handled with assistance from an attorney. Contact our legal team at Henderson Legal Group to discuss your case today.