Question 1

Can I avoid jail time for 2nd DUI?

Accepted Answer

The short answer is often “yes”. There are a number of provisions in the Florida DUI laws that impose mandatory jail provisions for some DUI scenarios, including for a 2nd DUI within 5 years of a previous conviction date, or for a third DUI within 10 years of the date of the conviction for the person’s second DUI. However, in many cases, these do not apply to the client’s situation or the client elects to enroll in residential alcohol treatment, and jail can be avoided.

Question 2

Can a first offense DUI be dismissed?

Accepted Answer

Any DUI can be dismissed if there is a lack of evidence to support the charge, or if the police act illegally in their actions and some or all of the evidence is suppressed or thrown out by the judge. Also, some jurisdictions have programs for which DUI offenders can be screened and, if accepted, many of them will offer a dismissal if the program is successfully completed by the client. Virtually all of these programs are discretionary and have criteria for admission or exclusion set in place by the State Attorney and/or the courts. An experienced DUI lawyer like Jack A. Kaleita can, in some cases, make the difference in whether a client is accepted or not.

Question 3

Does DUI ruin your life? Is it worth fighting a DUI?

Accepted Answer

While any conviction for a crime can have some effect on a person, and while different people’s lives are affected differently depending on their situation or possibly their occupations, most of the time a first time DUI is not a life “ruining” event. It is, however, a wake up call or perhaps even a hard lesson learned for some people – again, everyone’s situation is different. Many times, it is simply the result of a poor spontaneous decision or last minute impulsive behavior, not linked to any pattern of abuse, and it certainly does not make the DUI client a bad person.

However, a conviction for DUI stays on one’s driving record for 75 years, according to the DHSMV, and can be very costly in terms of a combination of fines, costs, attorneys fees, insurance expense, freedom to drive one’s car without restriction or at all, having to pay for and utilize an ignition interlock device, and potentially employment consequences. An experiences DUI lawyer like Jack A. Kaleita can assist the client in defending a DUI allegation successfully and, as a result, sometimes avoid a conviction after an arrest for DUI.

Question 4

Can you still drive to work with a DUI?

Accepted Answer

Many times, the answer is “yes.” It often depends, however, on the facts of the case, and often the person’s prior DUI record, if any. It is important to consult an attorney quickly, after a DUI arrest, since many suspensions are administrative and must be challenged, if at all, within a few days after the arrest. Otherwise, they may become a matter of record on the person’s license. After a first time DUI conviction, permits to drive to work are discretionary, but most often granted by the DHSMV, where authorized by the court. For subsequent DUI convictions, it gets more complicated and the advice of an experienced DUI lawyer, like Jack A. Kaleita, becomes much more valuable in determining if a permit can be obtained.

Question 5

Do I have to tell my employer about a DUI?

Accepted Answer

That is a personal decision that largely is individual to each situation. Factors include whether, under the company’s HR (or other) rules, one is required to report an arrest or a conviction and what the consequences may be for not reporting it or, on the other hand, what they may be if it is reported to the employer. Clearly, if a person’s job requires them to drive, and/or they have a company vehicle, and they can no longer lawfully drive – at least for a period of time – then disclosure may be necessary. Recognizing again that every situation is different, an arrest is not a conviction – merely an accusation that may later be unfounded or disproven. We all have a constitutional right to the presumption of innocence and, as such, it would seem that this presumption should be given weight across the board. A conviction, if that occurs later, may be the point at which the DUI should be revealed to an employer. The advice of an attorney may be helpful in making this decision.

Question 6

What happens if I refuse a breathalyzer or blood test to determine my blood alcohol content?

Accepted Answer

By operating a motor vehicle implies your consent to submit to an approved chemical test of your breath (or blood in certain more serious cases) if an officer has probable cause to believe that you have been driving under the influence of alcohol or controlled substances. In Florida, you will lose your license for refusing to give a breath sample. The period of time that your license will be taken can vary depending on whether you were found to have refused a breath test in the past for a previous DUI. For a first refusal, the period is one year. For a second and any subsequent refusal, your license will be suspended for 18 months and you might also face additional consequences, such as probation, fines, and/or jail time, since a second or subsequent refusal can be charged by the state as a separate and distinct crime from the DUI itself. The rules for breath testing and license suspension are very convoluted and confusing. With the help of a skilled and experienced criminal defense attorney, one can make informed decisions about what to do and, in some cases, avoid or minimize the impact of a driver's license suspension associated with a refusal to submit to a breath test.

Driving Under the Influence (DUI) - FAQs

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