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DUI Frequently Asked Questions

What is DUI? DUI (driving under the influence) is defined as the act of operating a motor vehicle while under the influence of alcohol or drugs, which inhibit a driver’s abilities and reaction time.

What can I do if I have been arrested for DUI? It is important to retain a qualified criminal defense attorney immediately. Your attorney will be able to help you with your DMV hearing and following proceedings to help you avoid a DUI conviction.

Can I refuse blood alcohol testing after I’ve been arrested? You can refuse, but that will result in the immediate suspension of your license. This is covered under implied consent laws, which, by driving on the road in the first place, imply your consent to blood alcohol testing by law enforcement – if you are suspected to be driving under the influence.

Can I refuse a roadside breath test? Yes. A roadside breath test is actually one of a number of field sobriety tests that an officer can use after pulling you over to determine if you are impaired. This is not covered under implied consent laws; however, you may still be arrested if the officer has enough reason to suspect you have been driving under the influence.

What is the legal limit for BAC? The legal blood alcohol concentration (BAC) is below .08%. If your BAC is .08% or above, you are considered legally intoxicated. If you are under 21, your BAC must not be .02% or above.

Will I lose my license if I’m arrested for DUI? Your license will be suspended immediately upon your arrest. However, you and your defense attorney may request a DMV hearing to retain your license until your court appearance.

What will happen if I’m convicted for DUI? Will I go to jail? Your sentence will depend upon many factors. Common sentencing includes: license suspension, counseling and classes, fines, and jail time. The way to avoid this is to work with criminal defense attorneys who can help you avoid a conviction altogether.

Have you been arrested for DUI in St. Petersburg or Tampa? Contact our offices today!

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Address: 2958 1st Avenue North, St. Petersburg, FL 33713   Phone: (800) 526-1949   Fax: (727) 327-3305    Administration