By: Peter Drill
on 21:31
New Florida DUI Laws Give Drivers a Choice | Orlandoduiteam#topnav ul li a,.sidebar h4,.tk-news-gothic-std{font-family:"news-gothic-std",sans-serif;}p{margin-left:0 !important;}a{color:#0D8BB7 !important;} Orlando DUI Team Published by Orlando, Florida DUI Lawyers :: Katz & Phillips, P.A.(321) 332-6864 HOMEBLOGCONTACT US
David S. Katz Founding partner
Katz & Phillips, P.A
James D. Phillips Founding partner
Katz & Phillips, P.A
Annmarie Jenkinson Associate Attorney
Matthew R. Gunter Associate Attorney
David A. Faulkner Associate Attorney Catherine Gleason Attorney
TopicsBreath Test (4)Drunk Driving (7)DUI (7)DWI (6)Uncategorized (3) Recent Entries 23 ,23 2013To Blow or Not To Blow - Should I Take The Breath Test As a DUI practitioner, the most frequent question I am asked is, "should I take ...
23 ,23 2013Traveling To Meet a Department Inspector - Violation of Breath Testing Rules Florida used to have eight Department Inspectors traveling throughout their assi ...
23 ,23 2013Its Only a Hole - The Whole Hole Problem Explained Florida decided to use the Intoxilyzer 8000 as the only acceptable breath test m ...
23 ,23 2013FHP Trooper Jailed for 5 days for Missing DUI Trial The Orlando DUI Team has learned that a Florida Highway Patrol trooper has been ...
23 ,23 2013You have the right to remain silent !! Do you have the ability? Everyday I sit down in my conference room with someone who has been arrested for ...
23 ,23 2013Temporary Driving Permits - What are they good for? Arrested for DUI in Florida? Did you have a valid driver's license at the time o ...
Contact Us DO YOU HAVE A CASE?Contact our attorneys NOW Name: Email: Phone: Comments: Enter text from the Image Above: Submit New Florida DUI Laws Give Drivers a Choice This month a large number of new laws went into effect in Florida. Several of these laws make changes in how DUI cases are handled, and show promise for drivers who stand accused. For example, it’s now easier to force a subpoenaed police officer to appear at review hearings, or even get driving privileges restored if they refuse to show up. But the biggest change gives first-time DUI defendants a choice – one that may allow them to keep driving.
The state of Florida, like most states, mandates that when you get behind the wheel, you are agreeing to take a breathalyzer or blood test anytime a police officer pulls you over. In other words, it’s illegal to refuse testing. That comes uncomfortably close to forcing you to incriminate yourself, but if you refuse the test your license is automatically suspended – and the suspension stands even if you’re later found not guilty at trial.
Of course, most drivers who refused the test would then challenge that suspension on various grounds. Often these challenges are unsuccessful, but they’re handled separately from the criminal case and they cost the state a lot of time and money. So the new Florida law attempts to sweeten the deal and discourage drivers from challenging the suspension.
It’s still required to take a blood, breath or urine test, but now – for first-time DUI charges – if you waive your right to challenge the suspension, you can immediately get a “hardship” driving permit. This restores at least part of your driving privileges, even while your license is technically suspended, the very next day – so you can go to work and keep your life on track.
This is a huge change: Under the old law, if you lost your formal review hearing, you weren’t even eligible for a hardship permit until 90 days of no driving what so ever had gone by.
This law was passed to reduce the number of challenges to suspended licenses, easing the burden on the review process. But it has a potential benefit for drivers: If you’re pulled over on suspicion of DUI, and arrested, at the very least, you can ensure that you will be able to continue to drive for work purposes. In the past, many arrestees lost their jobs because they could not drive.
As knowledge of the new law spreads, an unintended side effect may occur. More people may refuse to take the test. In the past, the suspension of your driving privilege was far worse if you refused the test than if you took it. If you refused, as stated above, you would have a one year suspension with the first 90 days of no driving whatsoever. If you took the test and blew above a .08, you would have a 6 month suspension, which began with 30 days of no driving. Although the refusal still carries a longer suspension, neither now require a period of no driving, if you waive your right to a hearing. A driver may now choose to deprive the state of this key piece of evidence because they will have no period of hard suspension (no driving).
Of course, there is a down side to the new law. Drivers who waive their right to a hearing so as not to risk the period of no driving are giving up their right to challenge the suspension. If you waive your right to a hearing, the suspension will appear on your driving record forever. If you challenge the suspension and win, it will be removed from your driving record. By waiving your right to a hearing, you are giving up the opportunity to have a trained DUI lawyer fight the suspension and the opportunity to have a clean driving record.
(Note that this applies only to first-time DUI arrests: If you’ve been charged with DUI before, it’s vital that you submit to the test when the officers ask you to. Refusing is a criminal charge if you have previously refused to take a lawful test of your breath, blood, or urine, punishable by up to 1 year in jail.)
Contact Us: 407-505-6811 121 South Orange Avenue Suite 1420 Orlando, FL 32801 Home Disclaimer Contact Us Blog Posts Copyright © Orlando DUI Team