It is important to understand that when a DUI arrest occurs, two separate, but important legal proceedings take place. First, is the criminal case that is prosecuted by the State Attorneys Office. The second legal proceeding is the " Administrative Review Hearing" in which the Department of Highway Safety and Motor Vehicles attempt to administratively suspend your license while the DUI case is pending.
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Under Florida law, DUI can be proven in one of two ways: (1) proof that an individual's normal faculties are impaired; and/or (2) proof that an individual's blood alcohol or breath alcohol level was .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
If you plead guilty or no contest to your first DUI charge, the minimum penalties can include an additional 6 month driver's license suspension, a DUI criminal conviction and various court costs and fines. I have listed some of the possible criminal and administrative penalties and suspensions that you may be subject to should you be arrested for DUI.
Florida's DUI / Drunk Driving Laws are complex, and it is important to retain a competent, knowledgeable and aggressive attorney to represent you throughout the criminal and administrative process. I understand the process and the impact it can have on your life. If you have been accused of DUI, or if you know someone who has been accused of DUI, do not delay in contacting me, Mark C. Bender, for your representation.