DUI laws in Florida are quite unique. Unlike some states where DUI offenses are completely handled by the court system, Florida splits the responsibility of policing DUI offenses between two departments. This can lead to a very confusing process for those charged with driving under the influence.

The definition of a DUI in Florida is pretty straightforward. A DUI stands for driving while under the influence. In order to be convicted of this charge, a person must be driving and show impairment from being under the influence of an illegal level of alcohol or drugs of any amount. In Orlando, Longwood, Kissimmee and other parts of Florida, the legal limit of blood alcohol level while driving is below .08%  For drivers under the age of 21 the limit is lowered to .02%.

When a driver is suspected of DUI, a police officer will stop him or her. This stop is not yet an arrest, but it is an attempt to confirm whether or not the driver is impaired.  This is different however with sobriety checkpoints. At a sobriety checkpoint, every driver is stopped and quickly observed for signs of intoxication. If the officer observes behavior that is questionable, he or she will then request  a field sobriety test.

Once a driver is asked to do a field sobriety test three things can happen. The driver can refuse the test  and be detained. The driver can pass the test and possibly drive away. The final scenario is that the driver fails the test and is detained.  If a driver is detained for a DUI offense he or she will receive an administrative suspension.

An administrative suspension is handled completely separate from the criminal portion of a Florida DUI charge. Suspension are issued by the Florida Department of Highway Safety and Motor Vehicles. The suspensions are immediate and can last up to 18 months. They are imposed regardless of what is happening in court.  For many, the license suspension is more damaging than what can occur in court.

Although administrative suspensions are immediate, they can be fought. Drivers are given ten days to request an administrative hearing. The hearing will be heard by an official from the department, and attorney representation is allowed. If successful at the hearing, a driver may have the suspension removed.

Besides requesting a hearing, Florida drivers charged with a DUI can request a hardship license. A hardship license is a temporary reinstatement of driving privileges specifically for work, school, or religious obligations.  These licenses are valid for a little over a month but can be renewed. Hardship licenses are granted for drivers who complete certain requirements.

Example Requirements for Hardship licenses:

• Drivers 21 years old and above must enroll in DUI school and not drive 30-90 days prior to being reinstated.
• Drivers under the age of 21 must complete a traffic law and substance abuse education course and not drive 30 days prior to being reinstated.

In addition to the administrative aspect of a Florida DUI charge, drivers also have to deal with criminal court.  The criminal court process will include arraignment, pre-trial and trial. The trial is heard by a jury whether than just a judge. Although defendants may be eligible for a public defender, a private attorney can work to have the case dismissed or plea bargained at the pre-trial. They can also request additional court time to have certain evidence suppressed prior to trial.

Because of the complexities of Florida DUI law, it is a very good idea to hire an attorney. An attorney can help navigate both the administrative and the criminal court aspects of a DUI charge. Although most people are familiar with the criminal charges for a DUI, many are not prepared for what is handled by the Department of Highway Safety and Motor Vehicles. If you are facing a DUI charge in  Orlando, Longwood or Kissimmee, contact our office today to help you navigate through the maze.