For many, a trip to the Orlando, Kissimmee, and Longwood areas of Florida is a wonderful, relaxing vacation. However, for a few of the unlucky, too much fun in Florida ends with a DUI charge. Even if you are an out of state driver,  a DUI charge in Florida is a serious criminal offense that can affect you in Florida and at home.

The first important thing to know about Florida DUI charges is that the legal limit of blood alcohol content is .08%. There are different penalties for intoxication levels over 1.5%.  Driving while under the influence of drugs is treated as a high level of impairment.  Anyone driving with these levels of alcohol or provable intoxication from drugs could be guilty of a DUI.

DUI arrests in Florida are similar to those in other states. They generally begin with someone, either a police officer or a regular person, witnessing what they believe to be impaired driving. They can also occur from sobriety checkpoints. These checkpoints are designated stops where officers verify license and registration, while looking for suspicious behavior. If a police officer has reason to believe a driver might be guilty of a DUI, he or she will first conduct a field sobriety test. These popular tests will be used to build the officer’s case in court, and help determine if the observations were valid. 

A failed field sobriety test will mean a trip to the police station or local jail. At the jail, the officer will  give more test to verify intoxication.  These test could either be a blood test, breath test, urine test, or a combination of them. They will verify the amount of alcohol in the blood or the presence of any drugs. If the driver refuses to take these test, their license can be immediately suspended and they may still spend time in local jail.

There are two parts to a Florida DUI case: the criminal case and the administrative hearing. The administrative hearing is handled by the Florida Department of Highway Safety and Motor Vehicles.   In Florida, whenever a driver is detained on charges of DUI, his or her license is immediately suspended. This is regardless of the final outcome of the criminal case. A suspension of this type is called an administrative suspension. They can last for up to six months for a first offense. An administrative hearing can have the suspension removed, or modified to allow driving to work or school.  Administrative hearings must be requested within ten days.

Florida is only able to suspend licenses issued in its own state. This means if you are an out of state driver, it may not affect your actual license. There is a very good chance that it will however. The National Driver Registry reports license suspensions that occur anywhere in the United States. If the information is accessed by your home state, you may face license suspension there too. Also, while a suspension in Florida may not suspend your actual license, it will suspend your privilege to drive in Florida. Even if on vacation, an administrative suspension should not be overlooked.

In addition to the administrative hearing, Florida DUI charges include a criminal case. The criminal procedure will begin with an arraignment, include a pre-trial and possibly a trial. Some cases end at pre-trial due to plea bargains or lack of evidence. This generally happens with the help of a lawyer.

If you are visiting Florida and are facing a DUI charge, it is a very good idea to get a lawyer. Although public defenders may be available for the criminal case, they will not be able to assist with the administrative hearing, or much of the work that should be done before trial. If you want to maintain driving privileges in two states, contact our Orlando, Longwood and Kissimmee DUI attorneys for the help you will need.