Florida laws and the legal and administrative proceedings involving alcohol related driving offenses (including boating and, yes, even bicycling) are among the toughest in the nation. If you have been charged with a DUI (Driving Under the Influence), Intoxicated Manslaughter, or other serious traffic offense, you should seek advice immediately as there are numerous issues which must be addressed in a short time period in order to protect your legal rights and to assist in the development of the best defense possible. We offer attorneys who have years, and in some instances decades, of experience in dealing with these types of offenses. One of our attorneys is a former Sarasota County prosecutor whose tenure their provided her with unique insight into the local Court's position with these types of cases.

Here are some of the most common issues relating to DUI's:

1. If requested, you have the right to either take or refuse a test of your blood, breath or urine, however either choice will affect your driver's license.

   Under Florida law, you are deemed to have consented to take such tests when requested in return for the privilege extended to you to operate a vehicle in this State.

   Should you refuse to take a test when requested however, Florida law permits the Department of Highway Safety and Motor Vehicles (DHSMV) to immediately suspend your driver's license for a period of one (1) year for a first refusal or a period of eighteen (18) months for a second or subsequent refusal. Your decision to refuse a test is also admissible against you in Court.

   Should you choose to take the test and have a reading of .08% or more, your license will immediately be seized by the officer and you will be issued a traffic ticket, which also acts as a ten (10) day temporary license, and your license will be suspended at the end of that 10 day period. All DUI convictions carry a driver's license suspension, however you may be eligible for a hardship or business purpose license through the DHSMV under some circumstances.

2. Incarceration.

   Incarceration is not mandatory for a first offense, however, under some circumstances, it may be possible. However, for a second conviction within five (5) years of a prior conviction, incarceration for a minimum term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, incarceration for a minimum of thirty (30) days is required. Again, the circumstances of each case, and how they are handled by your attorney, are crucial as to the amount of incarceration, if any, you may have to serve.

3. Other penalties.

   You can expect additional penalties from the court or the Department as a result of an arrest for an alcohol related driving offense. They may include fines, alcohol and/or drug classes, probation, suspended sentences, community service, and other requirements. Again, each circumstance may differ, and the choice of an attorney familiar with the process may prove to be a crucial element in the severity of the penalties imposed upon you.