3 Common Myths About a First DUI in Florida
A DUI arrest in Lee County can create immediate stress and uncertainty. If you have never been arrested before, you may have questions about whether you will go to jail, whether you will lose your driver’s license, and whether a DUI will remain on your record forever.
Unfortunately, there is a lot of misinformation about what happens after a first DUI arrest in Florida. Understanding the difference between an arrest and a conviction is important. Knowing what options may be available can also help you make better decisions about your case.
Here are 3 common myths about a first-time DUI in Florida:
Myth 1: A First DUI Automatically Means Jail Time
Many people believe that being arrested for DUI means they will automatically have to serve time in jail. That is not necessarily true.
Florida law allows a jail sentence for a first DUI conviction, but jail is not automatically required in every standard first-offense DUI case. A conviction can carry a number of other consequences, including fines, probation, community service, DUI school, vehicle impoundment, and driver’s license consequences to name a few.
The penalties can become more serious depending on the circumstances of the case, including a high breath alcohol level, a minor passenger, an accident involving injury, or other aggravating factors.
At the Lee Viacava Law Firm, we look beyond the fact that an arrest occurred. Lee Viacava reviews the circumstances surrounding the traffic stop, the DUI investigation, field sobriety exercises, body camera footage, chemical testing, and other evidence to determine what defenses or weaknesses may exist before advising a client about how to proceed.
Myth 2: A DUI Arrest Means You Will Automatically Lose Your Ability to Drive
A DUI arrest can create driver’s license consequences that are separate from the criminal court case. However, an arrest does not necessarily mean that every person will completely lose the ability to drive.
In many DUI cases, Florida’s administrative driver’s license process begins immediately after the arrest. You generally have only 10 days to take action concerning the administrative suspension.
Depending on the circumstances, you may have the option of requesting a formal review hearing to challenge the suspension. Some drivers may instead qualify to waive the hearing and seek a hardship or business-purposes-only license.
The best option is not necessarily the same for everyone. Eligibility and strategy can depend on factors such as whether you submitted to a breath test, your test result, whether you refused testing, and your prior driving history.
Lee Viacava helps clients evaluate the driver’s license consequences of a DUI arrest, understand the available options, and determine how to proceed before important deadlines expire.
Myth 3: A First DUI Will Automatically Disappear From Your Record
Some people believe a DUI automatically falls off their record after 7 or 10 years. A DUI is a criminal offense in Florida, not simply a civil traffic citation.
A DUI conviction can have lasting consequences and does not simply disappear from your record after a certain number of years. Florida law also does not permit a court to withhold adjudication on a DUI conviction.
This is one reason the way a DUI case is resolved can be extremely important. In some cases, obtaining a reduction to an offense such as reckless driving can avoid some of the consequences associated with a DUI conviction. Whether a reduction or another resolution is possible depends on the facts and evidence in the individual case.
Early review of the traffic stop, body camera footage, field sobriety exercises, breath or blood testing, witness statements, and other evidence may reveal legal or factual issues that can be used in defending the charge or negotiating with the State.
Protect Your Rights After a Lee County DUI Arrest
A first DUI arrest does not automatically mean jail, the complete loss of your driving privileges, or a DUI conviction. Every case is different, and the specific facts surrounding the arrest can make a significant difference.
Lee Viacava carefully reviews the evidence in each DUI case to identify potential defenses, weaknesses in the State’s evidence, driver’s license issues, and opportunities for a more favorable resolution.
If you have been arrested for DUI in Fort Myers, Lee County, or elsewhere in Southwest Florida, contact Lee Viacava to discuss your case and the options available to you. Acting quickly gives you more time to protect important deadlines, review the evidence, and begin developing your defense.