Drivers License Suspension after a DUI arrest
In Sarasota, a DUI conviction can mean serious consequences. If it is your first offense, the consequences will be less severe, but still life changing. A first offense DUI conviction means you will lose your license for at least 180 days. If a minor was in the car at the time of arrest, or the driver had a BAC of 0.15 or more, an Ignition Interlock Device must be installed in the car for at least 6 months. If a serious injury occurred because of the driver’s intoxication, the license suspension is extended to a minimum of three years. Even if it is a first offense, the occurrence of a serious injury makes the charge a third degree felony. If you have been charged with a DUI, contact Pallegar Law, P.A., and our team of experienced DUI lawyers will help you fight the charges.
In DUI cases involving serious injury, the driver cannot refuse to submit to an alcohol test, and may be forcefully tested. Florida operates under an implied consent law, which means that if you refuse to submit to a blood, breath, or urine test, you will be fined and your license will be suspended. A first refusal results in a one-year license suspension. A second is 18 months.
While your license is suspended, you have the option to apply for a hardship license in Sarasota, Manatee, or Hillsborough County. A hardship license will allow you to drive to and from work, school, medical appointments, or religious obligations. Any DUI conviction is a severe charge, so if you have been arrested for a first offense DUI it is important to reach out to an experienced DUI lawyer in Sarasota.
A second offense DUI conviction will result in a license suspension for at least 180 days, if the first offense was more than five years before the second offense. In this case, you are not eligible to apply for a hardship license. If the first conviction was less than five years before, the suspension will be a minimum of five years. After one year, you can apply for a hardship license, with proof of DUI School and/or treatment, and a recommendation from the Supervision Services Program. A second DUI conviction guarantees that an Ignition Interlock Device will be installed in your car for at least one year. If a minor was in the car, or the driver’s BAC was above 0.15, this time is extended to two years. If you have been arrested for a second DUI, contact an aggressive DUI lawyer in Sarasota or Tampa to fight the charges.
A third offense DUI will result in a license suspension of at least 180 days, if the second offense was more than 10 years prior. If the last two convictions are within five years of each other, your license will be suspended for five years. You are not eligible to apply for a hardship license under those circumstances. A third offense within 10 years of a second offense means a license suspension of 10 years. After two years, you can apply for a hardship license, showing proof of DUI School and/or treatment, and with a recommendation from the Supervision Services Program. All third DUI convictions will result in the installation of an Ignition Interlock Device for two years.
If you are convicted of driving a commercial motor vehicle under the influence, your CDL will be suspended for one year, with no eligibility for a hardship license. After one year, you can reinstate it for a fee. If you were convicted of driving a commercial motor vehicle under the influence, and the vehicle was carrying hazardous materials, your CDL will be suspended for at least three years. If you have been arrested for driving a commercial motor vehicle under the influence, seek out an experienced DUI lawyer from Pallegar Law, P.A. to explore all available defenses.
If you have been convicted of DUI Manslaughter, your license will be permanently revoked. After five years, you can apply for a hardship license. If you are granted one, an Ignition Interlock Device will be installed in the car for two years. The charge of DUI Manslaughter is a first-degree felony, and can result in up to 15 years of jail time.
If you are arrested for driving under the influence of drugs, the penalties can be similarly harsh to that of an alcohol related DUI. Prescription drugs can often interfere with your ability to drive, especially when mixed with alcohol or another drug. Controlled substances that may interfere with your driving ability include Valium, Ambien, Xanax, and Vicodin, among others. A urine test will replace a breath test, unless the driver has also been drinking. A DUI urine or blood test will be used to determine the amount of drugs your system.
The penalties for a Drug related DUI include a license suspension, jail time, DUI School, community service, and a fine. If you have been arrested for a Drug DUI, it is important that you contact a Drug DUI attorney who can help you.
Even if you are not operating a vehicle on land, you can be charged with a DUI. BUI (Boating Under the Influence) can be is common here in Florida. A BUI conviction can result in fines including jail time. For a first offense BUI, your boat will be impounded for 10 days. The penalties increase depending on BAC and if a minor was in the boat at the time of arrest. Your driver’s license will not be suspended for a BUI. If you refuse a breath or urine test, you will be fined. More than one refusal can result in a misdemeanor charge.
Any DUI conviction is serious and should be avoided; if you have been arrested for a DUI in Sarasota or Tampa, contact Pallegar Law, P.A. at 941-893-5816 (Sarasota) or 813-444-3912 (Tampa) to be connected with an experienced and aggressive DUI attorney who can help you.