If you have been charged with Driving Under the Influence, you might feel scarred, embarased about the
arrest and what will happen to you next.  Here is a list of frequently asked questions about DUI in the
state Florida that will help you better understand the DUI process.

Frequently Asked Questions about Florida DUI

What is the legal limit in Florida?
The person has a blood-alcohol or breath-alcohol level of 0.08 or more grams of alcohol per 100
milliliters of blood.

Am I going to get arrested if I have gotten pulled over on suspicion of drunk driving?
If the officer has probable cause to believe that you are operating or are in actual physical control of a
motor vehicle while your normal faculties are impaired, he or she can arrest you. DUI is a crime of
opinion because it is based on the opinion of the arresting officer by observing you and determining
whether your normal faculties are impaired.

How long will I be in jail before getting released?
In the state of Florida, the jail will typically keep you for at least 8 hours before you can be eligible for
release.  You can get a Release on your Own Recognizance  (ROR) or you can post bail.  

What is the Florida Implied Consent law?
Under the Florida Implied Consent Law, an officer can request a driver to submit a sample of the
breath, urine, or blood to determine the blood alcohol level.  It is important to understand that you have
the legal right to refuse to undergo such test.  However, if you refuse to submit to the test, your driver's
license will be suspended for .  If it is your second or subsequent time refusing to submit to a test, such
refusal will be charged as a misdemeanor.

What are the field sobriety exercises?
Field sobriety exercises are used by law enforcement officer to find probable cause for your arrest.  
Some of the field sobriety exercises used by the police include:
Walk and Turn,
the One Leg Stand,
the Horizontal Gaze Nystagmus

What are the penalties for a DUI in Florida?
The penalties for a DUI depend on the facts and circumstances of each DUI, whether there has been
property damages, bodily injury or whether it is a first time DUI.
• First offense – driver’s license suspension or revocation for six months, enrollment in an alcohol
education class, attend mandatory alcohol treatment and assessment, possible of car being confiscated
and use of an ignition interlock device.  If your blood or breath alcohol level is 0.08 or over, a fine of not
less than $500 and more than a $1000 should be imposed. The maximum incarciration cannot exceed for
a first time DUI. If your blood or alcohol level is 0.15 or higher, the fine should be at least $1000 and no
more than $2000.  The maximum incarciration cannot exceed 9 months if the blood or alcohol level is
0.15 or higher or if there are minors in the vehicle.  

• Second offense – driver’s license suspended or revoked for one year, participate in a required alcohol
education class, attend mandatory alcohol treatment and assessment, chance of car being confiscated and
implementation of an ignition interlock device.

• Third offense – driver’s license suspended or revoked for two years, participate in a required alcohol
education class, attend mandatory alcohol treatment and assessment, chance of car being confiscated and
implementation of an ignition interlock device.  If this is your third DUI charge, the prosecutor could
charge it as a felony and you will be facing the penalties of felonies such as a maximum of 5 years in

Furthermore, if you are not a US citizen, a DUI conviction could result in deportation proceedings
brought against you.  Consult our immigration page for more information on that or call the Bano Law
Firm P.L. now for a free initial consultation.  

What are my options after I have been arrested?
After you have been arrest, you need to speak with an aggresive criminal defense attorney who can
evaluate the situation and explain to you your rights and options.  It is important to hire an attorney to
fight the validity of the evidence against you at both the DMV hearing and at subsequent pre-trial
hearings in a court of law.

I blew through the breathilizer machine and I failed it.  Do I still have a case?
Absolutely.  If you fail a breathlizer test, we will attack the validity of the results and seek to have
them suppressed.  There are a lot of technical and administrative requirements that the police have to

If I refused to perform a breathelyzer test, can I still get convicted of a DUI?
Yes, in the state of Florida, prosecutors can use the police officer's observation and your performance it
the field sobriety exercises to obtain a conviction.

What should I do after I am being pulled over?
If you are pulled over, make sure you do not make any incriminating statements to the police.  
Anything you say to the police can and will very likely be used against you.  Make sure you speak to a
criminal defense attorney before saying anything to the police.  You can legally refuse to take the
breathilizer test or perform the field sobriety exercises.  Even if you refuse, the police can still arrest
you.  The success of your case will then depend on the specific facts of your case and the skill of your
criminal defense attorney.  

For more tips and advice on dealing with a DUI charge in Florida, contact the Bano Law Firm P.L
Call an Orlando Personal Injury, Criminal Defense, Family Law, Immigration, Bankruptcy Lawyer now
for a free initial consultation to discuss your Personal Injury, Criminal Defense, Traffic, Immigration,
Family Law or Bankruptcy case.  Bano Law Firm P.L. provides aggressive legal representation for
Personal Injury, Criminal Defense, Family Law, Traffic, Immigration, or Bankruptcy in Orlando,
Winter Park, Tampa, Oviedo, Sanford, Winter Park, Winter Garden, Winter Springs, Cocoa, Cocoa
Beach, Melbourne, Kissimmee, Casselberry, Maitland, Altamonte Springs, Lakeland, Daytona Beach,
Apopka, Gainesville.
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