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An arrest for a charge of Driving Under the Influence (DUI) (known in other states as Drunk Driving, Driving While Intoxicated or Driving While Impaired) can have a significant impact on your life. Representation by an experienced trial attorney such as Pensacola DUI attorney Valerie Prevatte can be crucial in defending your case.
One of the most onerous consequences of a DUI arrest is the suspension of your driving privilege. Your driver's license will be automatically suspended by the DHSMV (Department of Highway Safety and Motor Vehicles) unless you request a formal review hearing within ten days. At the formal review hearing, you will have the opportunity to present witnesses and make arguments as to why the Department should invalidate the suspension of your license. An attorney experienced in DHSMV Formal Review Hearings can fight for you to keep your license by subpoenaing witnesses on your behalf and arguing applicable statutes and case law.
The legal limit in Florida is 0.08. That means that a driver with a breath or blood alcohol level of 0.08 or higher is presumed to be under the influence of alcohol. However, a breath test result over the legal limit does not necessarily mean that the defendant cannot launch a successful defense against the charge of DUI. For example, the arresting officer may not have had sufficient probable cause to arrest the driver, the breath test machine may not have been working properly, or there may exist some other grounds to suppress the evidence. There are many possible defenses that an experienced trial attorney will look for to weaken the State's case.
You may have been surprised to learn that you could be arrested for DUI when you were not even driving. A classic example of this situation is an intoxicated individual who is sitting in the driver's seat of the vehicle with the key in the ignition, listening to the radio, waiting for a ride. Although it is most commonly known as driving under the influence, Florida law actually also penalizes one who is in "actual physical control" of a motor vehicle while under the influence of alcohol or controlled substances.
Less common but just as serious as an arrest for driving under the influence of alcohol is an arrest for driving under the influence of a chemical or controlled substance such as medication, even when the medication has been taken as prescribed. The consequences and potential penalties of driving under the influence of a chemical or controlled substance, regardless of whether that substance is marijuana or Xanax, are the same as driving under the influence of alcohol. It is a good idea to consult with an knowledgeable attorney to discuss your case as soon as possible after the arrest.