FAQs
What Will Happen if I Refuse to Take a Breathalyzer During a Florida Traffic Stop?
Many attorneys recommend that clients refuse to take a breath or blood test when they are accused or suspected of driving under the influence for the first time in Florida. If you agree to take the test and fail, you will lose your license. In addition, the prosecutor can use this evidence to prove… Read More
What is the Definition of DUI and How Can It Be Proven in Alachua County?
The definition of DUI: DUI stands for Driving Under the Influence. It is defined as the act of driving or being in actual physical control of a vehicle (including a motorcycle, bicycle, boat, and other vehicles) when a person’s normal faculties are impaired by alcohol or drugs (legal or illegal), or when with a… Read More
I Was Arrested in Gainesville, Florida for DUI While Riding My Bicycle – How Can That Be?
This is a very important question because Florida leads the nation in bicycle rider fatalities. In addition, according to the National Highway Traffic Safety Administration, in 2011, one-fourth of the cyclists killed had a blood alcohol concentration (BAC) of .08% (grams per deciliter) or higher which is over the legal limit. What is a… Read More
I Am Facing My Third DUI in Florida – Will I Lose My License Permanently?
A third offense DUI (driving under the influence) charge in Florida carries with it steep punishments. This could include the loss of your driver’s license for many years. The length of time in which you lose your license will vary depending on how close together the driving offenses occurred. Fortunately, acting responsibly during the… Read More
What is DUI Extradition? Does It Apply in Florida?
Extradition is the removal of a person (fugitive) from the state in which he is physically located (asylum state) to the state that requests him to face criminal charges or punishment (demanding state). Florida statute 941 allows the state to request extradition from anywhere in the Unites States. The process for extradition in Florida,… Read More
Business Purpose Only (BPO) Driver’s Licenses: When Can I Apply For a BPO Hardship License?
Florida permits application for a hardship, Business Purpose Only (BPO) license after a first-time DUI conviction. To qualify for a BPO license, an offender may be required to successfully complete “DUI School” or any other mandatory substance abuse evaluation(s). Generally, a first-time DUI offender must abstain from driving for 30 days, if the driver… Read More
I Was Recently Arrested for DUI, and I Am Worried a Driver’s License Suspension Will Cause Me to Lose My Job. How Long Can I Drive? What Should I Do?
As an attorney handling DUI (driving under the influence) charges for over 30 years, I’ve found many clients have legitimate concerns that a suspension will keep them from getting to work or school. My recommendation: take quick legal action. Here are some general, first-offense guidelines: When arrested, the cop probably took your license, giving… Read More
What is the Information on an Ignition Interlock Device in Gainesville?
Since July of 2008, installation of an approved ignition interlock device is a mandated or required DUI conviction penalty. Proof of installation must be shown before a person with certain DUI convictions is able to get their diving privilege back. This 2008 mandate applies to all residents of Gainesville, Alachua County and all of… Read More
If I Am Stopped by the Police for DUI, Should I “Blow” or Not “Blow”? Take the Breath Test or Not?
This is probably the most commonly asked question of any DUI attorney; whether to take the Breath Test (BT) or not. Here are my suggestions: Yes, Blow if: you have had nothing or very little to drink. Beware however, your judgment may be impaired, and you may feel sober and still be over the… Read More
I Was Arrested for DUI Off Campus and Now UF is Sending Me a Letter Regarding Disciplinary Actions, Can They Do That?
Yes, The University of Florida, in Gainesville, has very strict policies regarding students charged with DUI, even if the arrest occurred off campus and even if the student is found not guilty of DUI in criminal court. Here is the common course of events: Within a few days of the student’s arrest, the University… Read More