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According
to the law
Under
the "Driving Under the Influence of Alcoholic Beverages, Chemical
Substances or Controlled Substances" law, a DUI arrest can be made if the
driver is detected to have at least 0.08% of alcohol present in his urine, blood
sample, or breath. Immediate legal action is taken and the defendant has until
ten business days to make a special plea in order to repossess his revoked
license. If the driver fails to do this, his license will be confiscated for six
months or longer, depending on the case. If the DUI caused minor accident or
vehicular homicide, then there are longer procedures or even jail terms.
Consequences
A
DUI arrest could mean loss of license, fine, community service, permanent
criminal record, vehicle immobilization, higher insurance rates, and even
imprisonment. DUI arrests could lead to jail terms that last from six months for
first convictions and up to thirty years for more serious cases, depending on
damage done to life and property.
Procedures
After Arrest
It
is best to consult with an attorney immediately upon your arrest, especially if
you caused damage to life or property. A formal "Motor Vehicle
Hearing" is requested within ten days after the license is revoked. You can
file a special plea get your license back.
The
next stage is the arraignment, which is around thirty to sixty days from the
date of your arrest. As the defendant, you are advised of your rights. The
suppression hearing takes place between six weeks to three months after the
pretrial conference. The trial itself is held within the six months after you
submit the plea. There will usually be a jury of six members to hear the trial.
The final stage will be conviction or acceptance of plea.
Release
of persons arrested for DUI is only given when the person is no longer under the
influence, the person's normal faculties are no longer impaired, and the
person's BAL levels are less than 0.05 or eight hours have elapsed since the
time of arrest
By
Josh Riverside
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E-Florida
DUI Attorney.com
