DUIs are one of the most common, yet highly penalized criminal offenses one can receive in Florida. Mr. Cavanaugh was a former prosecutor who supervised other prosecutors handling DUI cases in Florida and Vermont.
Should you be stopped for suspicion of DUI, you will be asked to participate in Field Sobriety Exercises. These exercises are controlled by NHTSA (the National Highway Traffic Safety Administration). It is important that law enforcement follows the rules carefully. The exercises are used to help the police officer decide if s/he thinks your normal faculties are too impaired for you to drive. It is a subjective decision that you should have reviewed by an experienced DUI attorney.
You may also be asked to provide a sample of your breath for the purpose of determining your breath alcohol content. If you have a .08 or above, you can be convicted of a DUI. If you are involved in an accident, law enforcement may take a blood sample for this same reason. However, there are many rules law enforcement must follow to ensure the sample of blood is taken and preserved properly so that it can be reliably used as evidence.
Penalties for a DUI depend on the circumstances of the incident. They can include jail, prison, probation, license suspension, DUI School, classes, thousands of dollars in fines and costs, installation of an ignition interlock device in your car and temporary loss of your motor vehicle.
In addition to the driver’s license suspension the prosecutor will seek in court, you can also have your license suspended by the State of Florida known as an administrative suspension. If you want to challenge that administrative suspension you or your attorney must request a hearing within ten days from the date you are arrested.