A lot of road accidents are caused by drunk driving, so firm action has been made against it in the form of legislation. Florida is one state that takes Driving Under the Influence (DUI) seriously. DUI in this state has harsh consequences. Strict measures against it are enforced by the Florida Police and the Florida Department of Highway Security and Motor Vehicles (FDHSMV).
According to the law
Under the “Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances” law, a DUI arrest can be made if the driver is detected to have at the minimum 0.08% of alcohol present in his urine, blood sample, or breath. Immediate legal action is taken and the defendant has until ten business days to make a special plea in order to repossess his revoked license. If the driver fails to do this, his license will be confiscated for six months or longer, depending on the case. If the DUI caused minor accident or vehicular homicide, then there are longer procedures or already jail terms.
A DUI arrest could average loss of license, fine, community service, long-lasting criminal record, means immobilization, higher insurance rates, and already imprisonment. DUI arrests could rule to jail terms that last from six months for first convictions and up to thirty years for more serious situations, depending on damage done to life and character.
Procedures After Arrest
It is best to consult with an attorney closest upon your arrest, especially if you caused damage to life or character. A formal “Motor means Hearing” is requested within ten days after the license is revoked. You can file a special plea get your license back.
The next stage is the arraignment, which is around thirty to sixty days from the date of your arrest. As the defendant, you are advised of your rights. The suppression hearing takes place between six weeks to three months after the pretrial conference. The trial itself is held within the six months after you submit the plea. There will usually be a jury of six members to hear the trial. The final stage will be conviction or acceptance of plea.
Release of persons arrested for DUI is only given when the person is no longer under the influence, the person’s normal faculties are no longer impaired, and the person’s BAL levels are less than 0.05 or eight hours have elapsed since the time of arrest.