Defense Attorney For DUI And Traffic Violations In Clermont, Florida
Because drinking and driving is so dangerous, the penalties for doing so are extremely harsh in Florida. These penalties include driver’s license suspension, fines into the thousands of dollars and months of jail time for first-time misdemeanor offenders. Repeat offenders face even harsher penalties. At The Law Offices of Justin Rickman, we provide an experienced attorney to defend your interests and limit the consequences so you can move on with your life.
Driving under the influence (DUI) is defined as operating a motor vehicle to the extent that your normal faculties are impaired and/or with a blood alcohol content (BAC) of .08 percent or higher, under the influence of a chemical substance, or a controlled substance. Those under 21 years old will be charged with a DUI if their BAC is .02 percent or over, and commercial drivers will be charged if their BAC is .04 percent or over.
Restoring Driving Privileges And The Formal Review Hearing After A DUI Arrest
In Florida, when a driver is arrested for Driving Under the Influence (DUI), the Department of Highway Safety and Motor Vehicles (DHSMV) may impose an administrative suspension of the driver’s license.
According to Florida Statute §322.2615, this suspension can occur if the driver refuses to submit to a lawful breath, blood or urine test, or provides a sample that exceeds the legal blood alcohol content limit.
To contest this administrative suspension, the driver has the right to request a Formal Review Hearing. This request must be submitted within ten calendar days following the DUI arrest.
The process involves sending a written demand for the hearing, along with a legible copy of the notice of suspension found in the DUI Uniform Traffic Citation and a $25 filing fee to the appropriate Bureau of Administrative Review (BAR) office. Participating in a Formal Review Hearing has several advantages:
- A temporary driving permit: Upon requesting the hearing, drivers may receive a 42-day temporary driving permit, allowing them to continue essential activities such as commuting to work, school or medical appointments while awaiting the hearing’s outcome.
- An opportunity to challenge the suspension: The hearing provides a platform to contest the suspension by presenting evidence, cross-examining the arresting officers and subpoenaing witnesses. This process can be instrumental in building a defense for the associated DUI case.
- Insight into the prosecution’s case: The hearing allows the defense to gather information about the evidence and arguments that the prosecution may use in the criminal DUI case, facilitating better preparation.
It is important to note that if the request for a Formal Review Hearing is not made within the 10-day window, the driver’s license suspension will automatically take effect, and the opportunity to contest it through an administrative hearing will be forfeited.
Given the complexities involved in the Formal Review Hearing process, our experienced DUI attorney can help with the procedures effectively and enhance the chances of a favorable outcome.
Do Not Wait To Learn Your Options
If you were arrested for DUI/DWI offenses in Clermont, Groveland and the surrounding jurisdictions of Central Florida, we offer a consultation to discuss your rights, the possible consequences and potential defenses. Call a lawyer at The Law Offices of Justin Rickman today at 352-269-8652 or contact us online.
Frequently Asked Questions About DUI
Florida takes drinking and driving very seriously. Public officials understand the dire consequences that can happen due to drinking and driving, which is why the penalties are harsh. People who are convicted of a DUI could be looking at probation, hefty fines, loss of license and even jail time. At The Law Offices of Justin Rickman, we understand that everyone makes mistakes in life. Our criminal defense attorney is committed to providing compassionate and high quality legal representation to people in Clermont and the surrounding areas charged with a DUI. Below we have compiled a list of frequently asked questions about DUI.
What is the legal limit in Florida?
A: In Florida, the legal limit is .08 under most circumstances. If your BAC (blood alcohol content) is higher than that while driving, you will be charged with a DUI.
Can minors get a DUI?
A: Yes. There is zero tolerance for underage drinking and driving. If a person under 21 has a BAC of .02 or higher, they can be charged with a DUI.
Can I refuse a Breathalyzer test?
A: You are allowed to refuse a Breathalyzer test in Florida but due to the implied consent law, doing so can result in harsh penalties.
Can I go to jail for my first DUI offense?
A: Yes. Depending on the circumstances, you could face jail time as well as fines and loss of license. Having a lawyer can help lessen DUI penalties.
I was charged with my second DUI; will the penalties be worse?
A: Yes. You will be facing a one-year license suspension, will have to get an ignition interlock device and be subject to other harsh penalities. You may also face jail time.
If I get a DUI, can I lose my car?
A: Yes, vehicle confiscation is possible, but it is on a case-to-case basis.
I had an aggravated BAC limit. What does that mean?
A: If you have a BAC over a .15, it means you will be facing harsher penalties even if it is your first DUI offense.
Can I get a DUI in my boat?
A: Yes, the same laws apply to boats and other motor vehicles.
Charged With A DUI? We Can Help.
Our lawyers have been helping drivers in Lake, Sumter, Orange, Osceola and Polk counties deal with these tough charges. To set up a consultation with a lawyer, give us a call today at 352-269-8652 or contact us online.
