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What to do when you are pulled over for DUI in Florida

A night out on the town can turn into a night behind bars if you drive with a blood alcohol content that is over the legal limit. Today, there are several convenient alternatives to getting behind the wheel after a night of drinking, such as calling a taxi, Uber, Lyft, or the old method of selecting a designated driver. When it comes to avoiding a DUI conviction, the best advice that we can offer is to choose one of these alternatives from the get-go, as many drivers who drink fail to realize the extent of their drunkenness until they are pulled over by law enforcement. According to Mothers Against Drunk Driving, there are upwards of 30,000 DUI arrests each year in Florida alone. In our practice, we deal with these arrests on a daily basis, and there are some things you should know in case you are pulled over for a DUI.

First, if you are pulled over for suspicion of driving under the influence (DUI), you should be aware of and avoid self-incrimination. We see many cases where the suspected drunk driver makes statements to the officers investigating the offense which lead to an arrest for DUI. If you have been drinking - and particularly, if you feel that you are over the .08 B/BrAC (blood/breath alcohol concentration) legal limit - you will need to decide whether or not you are going to submit to a breathalyzer test. A person charged with DUI who has refused to submit to testing, and/or who has submitted to testing, but is found to have an unlawful BAC or BrAC of .08 or higher, will have his or her driver's license suspended.

If you take a breathalyzer test and/or submit to chemical testing with a BrAC over 0.15 and/or have had a DUI within the past five years, you may be subjected to enhanced penalties under the laws of the State of Florida. Even if the prior DUI was in another State, you may still be subjected to enhanced penalties (including jail time) in Florida.

If you are issued a ticket for DUI, this will act as a 10-day temporary permit, provided that you are otherwise eligible to drive. Your driving privileges will expire at midnight on the 10 th day from the date of your ticket or notice of suspension.

Last but not least, if you are arrested for a DUI, you should contact an attorney as soon as possible to ensure that your rights are understood and protected, and to help you achieve the best possible outcome. If you are charged with a DUI, Attorney Marielena Feliciano Tynan is willing and able to provide assistance to you in your time of need. Call us today at 321-636-9600 to schedule your free consultation.

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Johnson & Montas P.A.
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Rockledge, FL 32955

Phone: 321-307-2048
Fax: 321-633-4915
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