Skilled DUI Defense Attorney in St. Lucie & Port St. Lucie, Florida
Frequently Asked Questions
What can a lawyer do for me?
When a person faces an uncertain future due to a DUI (driving under the influence) arrest they should meet with a Port St. Lucie DUI lawyer immediately. A lawyer can review a case, challenge DUI allegations, negotiate minimal charges or a lesser sentence, suppress evidence and conduct an investigation to look for problems and defects often associated with many DUI tests. When a person fails to hire a Port St. Lucie DUI lawyer then they may be sentenced to the maximum penalties under Florida law if convicted.
Why do I have to schedule a DHSMV Hearing?
When a person is arrested and charged with DUI their driver’s license will be automatically confiscated until they appear at a DHSMV (Department of Highway Safety and Motor Vehicles) Hearing. The DHSMV Hearing allows for a person to contest a driver’s license suspension for DUI in the effort to retain their driving privileges. If a person is found guilty at the DHSMV Hearing then they will lose the legal right to drive for up to 1 year, or longer. It is important to understand that a DHSMV Hearing and the criminal court process are two completely separate processes and the outcomes of either case do not affect each other. At the Law Offices of David Golden, P.A., we can schedule and represent clients at the DHSMV Hearing and fight to avoid a suspension. Please contact us immediately to schedule a free case consultation today.
How long do I have to schedule a DHSMV Hearing?
The state of Florida has a driver’s license 10 day rule allowing for a person to schedule a DHSMV Hearing. Failure to schedule the hearing within this time frame will result in an automatic license suspension under Florida law and DHSMV regulations. Do not think that you can get an extension as the DHSMV does not allow an extension on DUI cases to be granted for any reason.
What should I do if I am asked to take a field sobriety test?
Under Florida law, a person does not have to perform any type of field sobriety test. When a person is asked to perform field sobriety tests (FSTs) they have the legal right to simply refuse. However, as an alternative, a person may be asked to submit to another type of test so that law enforcement can collect evidence to back up an arrest. Although, even if a person refuses and law enforcement still believes that a person is under the influence they can still make a legal arrest and charge a person with DUI.
What is blood alcohol content?
Blood Alcohol Content or “BAC” is the concentration of alcohol within a person’s blood. When a person has a BAC at or above 0.08% then they are legally considered to be too intoxicated to operate any type of motor vehicle and can be arrested if they drive.
Do I have to submit to a blood/breath tests?
Yes, if you want to avoid a possible license suspension. Under the Florida implied consent law, a person gives their prior permission at the time they are approved for a driver’s license to submit to a blood/breath test if they are ever suspected of DUI. If a person then refuses they can still face an automatic 1 year or longer license suspension for their refusal even if they are never convicted of DUI.
Why was I arrested for DUI if my BAC was under 0.08%?
If a person is under the age of 21, or is a commercial driver, they can still be arrested under Florida law for DUI with lower blood alcohol content. For a person under 21, they only need to have a BAC of 0.02% which is equal to about 1 drink. A commercial driver can be arrested with a BAC as low as 0.04%.
If I am convicted of DUI what penalties may be enforced?
There are several DUI penalties and insurance penalties that can be enforced when a person is convicted of DUI. They include a jail or prison sentence, driver’s license suspension/revocation, fines, restitution, community service, DUI School, vehicle impoundment, installation of interlock device, probation and parole. In addition, to a permanent mark on a person’s criminal record, insurance penalties and DHSMV driving points. The best chance to protect your future and to minimize any penalties that you may face would be to retain the legal services of a St. Lucie DUI lawyer immediately.
Please contact Saint Lucie DUI attorney David Golden today to learn more about the charges that you may be up against and the importance of hiring an attorney right from the very start. Mr. Golden represents any type of DUI offense, including 2nd offense DUI, 3rd offense DUI, 4th offense DUI, multiple DUI, felony DUI, aggravated DUI, spring break DUI, underage DUI, out-of-state DUI and DUI accidents including vehicular manslaughter or vehicular homicide charges.
Contact a St. Lucie & Port St. Lucie DUI attorney immediately if you have questions about drunk driving.