Florida DUI - DWI Frequently Asked Questions - FAQs

During our years in practice in Florida, we have come to identify a few questions from our DUI or DWI clients that are quite common. Below are examples of these questions, but regardless of the answers provided, your best course of action is to contact trial lawyer and criminal defense attorney Robert Hambrick for a full consultation immediately, before your driving privileges are suspended for a long period of time.

1. Can I go to jail if I'm convicted of a DUI - DWI in Florida?

Although most initial DUI or DWI convictions result only in serious fines and a suspension of driving privileges, it is possible to spend some time in jail under certain circumstances.

2. How long will my driving privileges be suspended?

That depends on a few factors, such as your age, whether you've been convicted of a DUI or DWI previously, and the level of your BAC at the time of your arrest. Most suspensions last anywhere between six months and a lifetime revocation, depending on the factors listed above.

3. Will my insurance costs rise as a result of a Florida DUI - DWI conviction.

Yes. Insurance companies base their coverage rates on risks associated with each driver, and the presence of a DUI or DWI on your record poses a significant risk in the eyes of your carrier. Studies have shown that insurance costs can rise by as much as $10,000 over the five years subsequent to a DUI or DWI conviction.

4. If a police officer wants to give me a field sobriety test, should I refuse?

You have the right to refuse, and you usually should. The exercises are very subjective, and even experienced police officers often don't know how to grade them correctly. There usually is no video record made of the exercises, so only the officer's word will be used as evidence against you. Refusal to cooperate with a field sobriety test can be used as evidence against you in a trial. Refusal of a breath, blood or urine test can increase your ultimate penalties and result in a longer and more immediate suspension. A refusal for the second time can be charged as an additional crime by itself.

5. Should I ask for an attorney if I'm arrested?

Yes. The Constitution of the United States guarantees your right to legal representation, and you have the right to make such a request at any time prior to answering any questions in relation to your arrest. However, you are not entitled to an attorney prior to taking any field sobriety tests.

6. Do I actually have to be driving to get arrested for a DUI in Florida?

No. All that's required is that you're in physical control of the vehicle at the time of your impairment. Therefore, if you're found sleeping in your car while it's parked, you still could be charged with a DUI or DWI.

Clearwater Criminal Defense Attorney Robert Hambrick's Blog: Your Best Legal Help Advice & Counsel -- A Guide to Crime Investigation & Evidence Evaluation Arrest Dismissal or Trial: From a Seasoned Pinellas & Tampa Bay Defense Lawyer