You are likely confused, worried, and upset about the situation. These are normal feelings whether this is a first offense or more. The initial steps in response to a DUI in Florida are the same no matter the case.
First, check to verify that you can legally drive for the first 10 days following the arrest. The officer likely confiscated your license, suspended your right to drive, and issued you a DUI ticket. The DUI ticket serves as a notice of suspension and can serve as a permit to drive for 10 days from the date of issuance. You must carefully review the DUI ticket before you drive. At the bottom of the DUI ticket is the question: “eligible for permit?” If the box “no” is selected, the DUI ticket is not a permit to drive. You can only drive if the box “yes” is selected. The initial permit will help you while completing step 2 and step 3. The officer may have incorrectly denied a 10-day permit. A refusal or breath test over .08 does not disqualify someone from being eligible for a permit. If the officer incorrectly denied a 10-day permit, this error can only be corrected by the DMV Bureau of Administrative Reviews with a temporary permit.
Second, consult with and retain an attorney; preferably an attorney that: (a) is local to the jurisdiction/county where your arrest occurred, and (b) has experience in DUI defense. DUI cases can be very complex from the stop, investigation, arrest, and breath test. An experienced DUI defense attorney can evaluate your case for weaknesses and prepare any possible defenses to both the DMV case and the DUI case.
Third, respond to the DMV suspension prior to the 10th day from the date of the DUI ticket. If this is a first arrest for DUI, you have three options regarding the DMV suspension: (1) Demand a Formal Review Hearing; (2) Consent to the Suspension and Waive a Formal Review Hearing; or (3) Default. There are pros and cons to each option. If you have a prior DUI arrest, your only option may be to demand a formal review hearing. An attorney can help you select which option is best for you.
Travis Mydock is an expert and specialist when it comes to DUI defense in Saint Johns County, Florida. As a Board-Certified Criminal Trial Lawyer, he has the experience and reputation to help guide you successfully through this challenging time.
Attorney Travis Mydock has the knowledge and skill to aggressively defend all aspects of your DUI case. He will consult with you on the best strategy for your case; from mitigation to litigation or a trial. He has handled 1000’s of cases including: First Offense, Second Offense within 5 years, Third Offense within 10 years, Fourth Offense, DUI serious bodily injury, and DUI manslaughter.
Call Mydock Law at (904) 864-3002 for a free and confidential case evaluation.
Legal Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.