Q. I lost my license after a Jacksonville DUI conviction. How long do I have to wait before I can get my driver’s license back?

A. Florida generally revokes your driving privileges for anywhere from 6 months to 1 year from the date you are convicted of a Florida DUI on a first offense without any aggravating factors. Certain aggravating factors may lengthen this suspension, such as: causing an accident with property damage or personal injury; having a minor in the vehicle; or submitting a breath test result in excess of .15. The statute requires a minimum suspension of 6 months, but any number of factors may result in a longer suspension.

Florida does allow you to apply for a hardship license after a first-time DUI conviction. The Administrative Reviews Office requires that you complete a DUI school and a substance abuse evaluation. There are also waiting periods that apply. Generally for a first offense DUI, the driver must complete 30 days of no driving if the driver took the breath test or 90 days of no driving if the driver refused the breath test before becoming eligible for a hardship license.

You may wait until your license revocation period ends before you apply to have your license reinstated. Applying for a hardship license is not mandatory, expect to prove that you have attended DUI school and a substance abuse evaluation. If your substance abuse evaluator recommends any additional treatment or counseling, you will generally be able to acquire the hardship license, but it will be rescinded if you do not abide by the recommended counseling or treatment. Retaining an attorney with knowledge of the Jacksonville area can greatly simplify the process of getting your license back after a DUI.

Q. I have been convicted of my second DUI. How long do I have to wait before I can get my driver’s license back this time?

A. The waiting time depends on when your last conviction occurred. If it was more than five years ago, it will be treated like a first DUI with the following exception. You will not have the option for reinstating your license early for hardship.

If it has been less than five years since your first DUI conviction, the revocation period will be five years and the DMV can require periodic evaluation and counseling for years 2 to 5. You will be allowed to apply for a hardship license after one year of your sentencing date if you’re a resident of Florida and you complete other requirements. The driver’s license office will require proof that you have completed DUI School Level II and treatment if this was part of your sentence. If it is your second DUI outside of 5 years, then there is a mandatory 6 month suspension, but up to 1 year. In addition, you’re not eligible for a hardship license. A second DUI conviction also requires mandatory ignition interlock for a minimum of 1 year, whether there was refusal to blow or not and whether or not there it was within 5
years of the first DUI.

Q. Are there any fees connected with reinstating my driver’s license after a DUI conviction?

A. Yes. The State requires three types of fees—an administrative fee, DUI school, a revocation reinstatement fee and license fees, such as knowledge tests, etc. If your driver’s license expired during the revocation period, you may have to pay other fees that are standard when applying for a driver’s license.

Q. What criteria do officers use in determining who should be pulled over for DUI?

A. Anyone observed swerving over traffic lines, weaving, not adhering to traffic signals and signs, speeding or going too slow, erratic driving, wrong turns, and sudden stops all raise the attention of an officer.

Q. Am I required by law to take a breath test for DUI?

A. Although breath tests are completely voluntary, if you refuse a breath test or other test, and are convicted of DUI, the consequences may be harsher.

Q. My uncle told me that Field Sobriety Tests are never right. Is this true?

A. Field Sobriety Tests are one way of determining a person’s ability to perform a simple test in coordination for DUI. Since alcohol affects a person’s ability to perform simple tasks in coordination, it is considered a viable test by law enforcement.

Unfortunately scientific tests have proven that Field Sobriety Tests (FST’s) are subject to many factors including inadequate lighting, poor coordination skills, weather conditions, prior injuries, the type of FST administered, and even unclear instructions from the officer. FST’s are commonly deemed inaccurate and don’t always hold weight in court.

Q. What can I do if my Miranda Rights were not read to me during my DUI

arrest in Jacksonville?

A. It is required by law for anyone who is being arrested for DUI to have their Miranda Rights read to them before questioning. If your rights are not read to you, important information, comments, or a confession that you reveal may be dismissed or suppressed.

For an experienced attorney who is committed to defending your rights, Musca Law’s Jacksonville Attorneys can advise you on the best course of action to take when this important right has been violated.

Q. This is my first DUI. What kind of penalties and fines am I up against?

A. Depending on your circumstances, you may be faced with jail time, several fines, probation, your license may be suspended or revoked, community service, and mandatory alcohol and drug classes. Your car will be impounded in most cases. Installation of an ignition interlock device can be required as well.

Q. What is an ignition interlock device?

A. An ignition interlock device is a small device that is installed inside your car that connects your ignition to a breathalyzer. Before starting the car, you blow into the breathalyzer and if there is no alcohol detected, your car will start as normal. However, if there is alcohol detected, then the car will not start.

Q. If I am convicted of a DUI, why do I need a lawyer?

A. Many times your case is not as cut and dried as you may think. Florida DUI laws are complex and change frequently. An attorney who is experienced in cases just like yours is there to represent you in the best light, giving you a distinct advantage.

The DUI attorneys at Musca Law’s Jacksonville office have the skills and experience to give you the best representation possible. Give them a call today for a free consultation.

Q. If I get four DUI’s in Florida, will my driver’s license be taken away?

A. Yes, this is a fact in Florida and other states have similar laws as well. It is considered a 3rd Degree felony for anyone who is convicted of a fourth DUI. The penalty is permanent revocation of your license and no provision for a hardship license. However, a new Florida law may allow you to permission to drive for employment purposes only, but not until 10 years after your last conviction (5 years on October 1, 2011).

Q. What are the penalties if convicted of DUI while driving a commercial motor

vehicle?

A. You will have your commercial driver’s license revoked for one year without the option of applying for a hardship license. After a year, you must pay a disqualification reinstatement fee to reinstate your commercial driver license.

There is a stiffer penalty if you are transporting hazardous materials; your license will be revoked for three years.

Q. My license was suspended after I was convicted of DUI in Jacksonville. I have a permit to drive under certain circumstances. What circumstances can I drive under?

• Driving between work and home
• Driving between school and home
• Driving to medical appointments
• Driving to religious services/ceremonies

These limitations are for hardship only and must be followed according to the law. There are extenuating circumstances and complex laws that apply to these limitations. Musca Law’s Jacksonville attorneys have experience with these types of cases and can guide you through the often confusing process of staying within these hardship laws.

Q. I was convicted of DUI in Jacksonville while here on business. Will my home state find out and take my license away?

A. Although this happens frequently, the answer is not simple Florida reports administrative and court imposed suspensions to a national registry. Your home state may discover the suspension if it mo nitors the national registry. This is a collaboration of many states called the Motor Vehicle Driver’s License Compact.

Sometimes your DUI information may be delayed, but do not misconstrue this as an oversight. Be proactive in retaining an experienced attorney who can help you with the paperwork and phone calls to get you on the right track.

Musca Law’s Jacksonville attorneys have assisted many others who have cases just like yours. Their expertise in representing you and investigating the details of your circumstances will give you the best advantage.

Q. Do people ever win a DUI case after being arrested?

A. Yes, they do, and many are won during pretrial without going through the jury process. By retaining an experienced attorney who investigates the circumstances surrounding your case, you will have a distinct advantage. Musca Law’s Jacksonville attorneys are knowledgeable and committed to making sure that your rights have not been violated.

Remember, you only have 10 days from the arrest date of your DUI charge to file for your formal administrative review hearing. Musca Law’s Jacksonville DUI Attorney’s team of experienced and committed attorneys will prepare and file the necessary paperwork for you.

Interested in Fighting your Jacksonville DUI charge? If so, contact a Jacksonville DUI lawyer at our firm ASAP. Free legal consultation is available. Call 904-610-6545 now.

DISCLAIMER: All answers to the hypothetical questions contained herein are provided for informational purposes only and are not intended to be construed as legal advice. Musca Law’s DUI Attorneys shall not be liable for any errors or inaccuracies contained herein.