Florida Law

In Florida, a DUI can be received on almost any vehicle, including an electric scooter. Florida’s DUI law is found in Florida Statute 316.193, which reads in relevant part, “A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state.”
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Unlike a breath, blood, or urine test, there is no law in Florida requiring you to perform field sobriety tests at the side of the road if asked to do so by law enforcement. An officer can ask you to perform the exercises if they believe you are driving under the influence of alcohol, but be certain that these exercises are not for your benefit, no matter what they say.
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If you are arrested for DUI, you will hear many different acronyms used in your case. But there are two which are vitally important to you. The first is BAC. BAC is an extremely important term and could mean the difference between a conviction and an acquittal.
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Frequently, people ask if it is worth it to hire a DUI attorney. The answer depends on which attorney you hire. If you hire the right lawyer, the money you spend is well worth it. However, it is very important that you investigate the attorney you are thinking about hiring.
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A DUI in your personal vehicle will affect your Commercial Driver’s License (CDL). It does not matter if you are driving a personal vehicle such as a car, van or SUV, a DUI will count against your commercial driver’s license regardless of what you are driving.
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The Bureau of Administrative Reviews (BAR) is a department of the Florida Highway Safety and Motor Vehicle Department (FLHSMV), commonly referred to as the DMV.
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When you are arrested for DUI, the arresting officer will almost always take your driver’s license and give you a notice of suspension. (See below for the rare exception to this).
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In a previous post, we wrote about Motions to Suppress in DUI cases. However, the experienced DUI practitioner has other tools in their tool belt to help keep evidence out of your trial.
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Many attorneys who practice criminal law will also handle DUI cases, however there are very few attorneys who focus their criminal practice on DUI cases and there is a huge difference between those who primarily handle DUIs and those who also handle DUIs.
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Florida law generally only allows law enforcement to enforce the traffic laws found in Florida Statute Chapter 316 on the public roads within the state.
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Simply put, in terms of a DUI arrest in Florida, the term “implied consent” means that when you accept the privilege of driving in Florida, you consent to take a breath, urine, or blood test is implied.
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Although most DUI cases are tried without expert witnesses, hiring an attorney who has worked with Experts in various fields related to Alcohol and Drug use and in arrest procedures used in DUI cases may be the difference between winning and losing your case.
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