Frequently asked Florida DUI questions.

There are 10 days from the arrest to request a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). If no request is made, the administrative suspension takes effect. This deadline runs separately from the criminal case, so it is one of the first things checked in a free case review.

Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving. This is never automatic. It usually turns on the stop, the officer's observations, the breath or blood testing and the driver's history, which is why those points are reviewed before any plea is discussed.

Florida's implied consent license suspension applies to the breath test after a lawful DUI arrest, not to the roadside exercises. Field sobriety exercises, such as the eye test, the walk and turn and the one leg stand, are meant to be given and scored under national NHTSA standards, and video from the stop can show how they were given.

Florida law calls the offense DUI under F.S. 316.193. There is no separate DWI statute in Florida. DWI is an older term, or one used by other states, but every Florida impaired driving prosecution is filed as a DUI.

A DUI conviction cannot be sealed or expunged in Florida, and it stays on the Florida driving record for 75 years. Courts also cannot withhold adjudication on a DUI. Because the record is so lasting, the evidence in a DUI case deserves a careful review before any plea is entered.

A first DUI conviction with a level under 0.15 and no minor in the vehicle carries a fine of $500 to $1,000, up to 6 months in jail, probation, 50 hours of community service, DUI school, a 10 day vehicle impoundment and a license revocation of 180 days to 1 year. A level of 0.15 or higher, or a minor in the vehicle, raises those penalties.

No law requires one, but a first DUI still carries a lasting record, license consequences, higher insurance costs and possible effects on work. A lawyer can review the stop, the field sobriety exercises, the breath test and the 10 day license deadline, and explain the options the evidence allows.

A hardship or business purposes only license may be available during some suspensions. Eligibility depends on the type of suspension and the driver's record, and DUI school enrollment is part of the process. Whether it fits a particular case is reviewed along with the formal review hearing deadline.

Fees depend on the county, the charge and how much work the case needs, such as a formal review hearing, motions to suppress or a trial. The firm offers a free case review, and payment plans are available through Affirm, including $0 down options, subject to approval.

By driving in Florida, a driver is deemed to have agreed to a lawful breath test after a DUI arrest. A first refusal leads to a one year administrative suspension. A second refusal leads to an 18 month suspension and a first degree misdemeanor charge, and a refusal can be used as evidence at trial.

A case can end by dismissal, plea or trial, and which one happens depends on the evidence. If evidence was obtained unlawfully, for example after a stop without reasonable suspicion, a motion to suppress asks the court to exclude it. No outcome can be predicted at the start, but the evidence can be reviewed for problems like these.

Florida applies a 0.02 limit to drivers under 21, often called zero tolerance. A driver under 21 can also face a standard DUI charge when the evidence shows impairment of normal faculties or a level of 0.08 or higher. The license consequences depend on the facts and the driver's record.

After a first DUI conviction, the revocation is 180 days to 1 year. A second conviction within 5 years brings at least 5 years, and a third within 10 years brings at least 10 years. The administrative suspension handled by DHSMV is separate, begins with the arrest and has its own 10 day hearing deadline.

DUI manslaughter is a second degree felony under F.S. 316.193. It carries a 4 year minimum mandatory prison sentence and a maximum of 15 years. If the driver fails to give information or render aid, the charge becomes a first degree felony.

In many misdemeanor DUI cases, an attorney can appear for the client at pretrial hearings, and Florida Rule of Criminal Procedure 3.180 governs when a defendant must be present. At arraignment, a lawyer can often file a written plea of not guilty. Plea and trial dates are treated differently, and the judge's requirements control.

A Florida DUI is prosecuted in the county where the arrest happened, not where the driver lives, and a Florida suspension can be reported to the driver's home state. Because a lawyer can appear at many misdemeanor pretrial hearings, not every court date requires a trip back.

The standardized field sobriety exercises are the horizontal gaze nystagmus eye test, the walk and turn and the one leg stand. They are meant to be given and scored under national NHTSA standards. Video from the stop and the officer's report can be compared with those standards to see how the exercises were actually given.

No. A DUI conviction cannot be sealed or expunged in Florida, and courts cannot withhold adjudication on a DUI. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving, which is one reason the evidence is reviewed carefully before any plea.

The limit is 0.08 for drivers 21 and older, 0.04 for commercial drivers and 0.02 for drivers under 21. Enhanced penalties apply at 0.15 or higher, or when a minor is in the vehicle.

An ignition interlock device is a breath testing device installed in a vehicle that must be passed before the engine starts. Florida can require one after certain DUI convictions, such as a first DUI at 0.15 or higher or with a minor in the vehicle, and after repeat offenses. The length depends on the circumstances.