Frequently Asked Questions
DUI QUESTIONS
What is the first thing that I need to do after being arrested for DUI?
After you are arrested for DUI you must set a court date with the Clerk of Court within ten days. You must also take action with the Department of Motor Vehicles within ten days so that you can receive a business purpose license if you are eligible. If you contact our office within ten days of your arrest we will take care of these important first steps for you.
Why did the officer take my driver's license?
There are two reasons why the officer might have kept your license. If you took the breath test and the result was over .08 then the Department of Motor Vehicles (DHSMV) revokes your license for six months. If you refused the breath test then the DHSMV revokes you license for one year for a first refusal, or eighteen months for a second refusal of a breath test.
Can I drive with a copy of the DUI citation?
If you had a valid driver's license at the time you were arrested then you can drive for ten days with your citation acting as your license.
Can I get a permit to drive after the ten days expire?
The DHSMV allows you to drive for the fist ten days so that you have time to request a review of the suspension of your license. It also gives you time to consult with an attorney. When we are retained to represent someone on a DUI case we request a hearing to challenge the suspension of your license. Once we do this, the DHSMV will give us a business permit as long as you had a valid license at the time of your arrest.
How long will this permit last?
The permit will last until the DHSMV makes a decision about the suspension of your license. This normally takes about forty-five days.
What happens after the DHSMV makes a decision about my license?
If the DHSMV sets aside your suspension then you will be able to get your regular license back. If the DHSMV upholds you license then your license will be suspended for the time period set forth in question number two.
If the DHSMV upholds my suspension will I be able to get another permit?
Under most circumstances you can get another permit. You will have to go some time without a permit. The time without a permit will very depending on the facts of your case. This is a very confusing area of DUI law and you will need to speak with an attorney about the specific facts of your case to minimize this time.
Will I have to go to Court?
DUI is a criminal charge and you will have to go to court. However, if you retain an attorney your attorney can attend to most of your court dates without you having to attend with them.
What if I am from out of town?
If you hire an attorney your attorney may be able to handle all of you court dates for you so that you do not have to return to Tampa.
What will an attorney do to help me with my case?
We will set your court date, and request a review of your driver's license suspension. We will help you get a permit to drive for work and fight to get your license back. We will attend all of your court dates and request all of the evidence in your case. We will get a copy of all police reports and any videotape. If you took a breath test we will get the information related to the breath test in your case. We will then review all of this information so that we can defend you in your DUI.
If I want to plead guilty to DUI do I need an attorney?
Even if you want to plead guilty an attorney will help you with the process of getting your license back. Also many times when someone thinks that the have no defense to the DUI charge an experienced attorney can find a problem with the State's case. Also an attorney can negotiate with the Prosecutor so that you will know what is going to happen to you if you plead guilty and try to minimize the affect on your life.
Is it possible that my case will be dropped or reduced to a lesser charge like Reckless Driving?
DUI cases are sometimes dismissed or reduced to a lesser charge. However, every case is different and an attorney will need to review all of the evidence in your case to answer this question
