DUI/DWI Law FAQs

Florida law defines DUI based on driving or being in actual physical control of a vehicle while impaired by alcohol or  certain controlled substances. Florida law also establishes a 0.08 blood- or breath-alcohol level as a statutory threshold. Prosecution of a DUI case does not necessarily depend on the existence of a breath-test or blood-test result, as other evidence may also be considered, such as driving pattern, interactions with law enforcement, and performance on field sobriety exercises.  

A DUI conviction can result in fines, probation, community service, treatment or educational requirements, driver's license consequences and potentially incarceration. Florida law provides different penalties depending on factors such as prior DUI convictions and the circumstances of the offense. The consequences can also extend to employment, insurance and other areas of your life.

A DUI case may involve evidence from the traffic stop, officer observations, field sobriety exercises, statements, breath or blood testing and other sources. Questions about the reason for the stop, probable cause, testing procedures and how evidence was collected can all be important. An attorney can review the circumstances from the initial stop through the arrest to identify potential issues with the prosecution's case that may form a basis to exclude certain evidence and or get the charges dismissed.  

Depending on the circumstances, DUI charges may sometimes be dismissed, reduced or resolved through another legal option. Potential issues can involve the traffic stop, probable cause, field sobriety exercises, chemical testing or other evidence. If you have been charged with DUI in Brevard County, Florida, I can review the details of your case and help you understand what options may be available.

Pretrial motions allow the defense to ask the court to address certain legal issues before a case proceeds to trial. Depending on the circumstances, a motion may challenge evidence, the legality of a stop or search, statements or other aspects of the prosecution's case. Whether a motion is appropriate depends on the specific facts and evidence involved.

Not every DUI case goes to trial. Some cases are resolved through a negotiated plea agreement, while others may be dismissed, reduced or proceed to trial. An attorney can help you understand the strengths and weaknesses of your case and evaluate the potential consequences of each option.

A DUI can have consequences beyond the criminal case itself, including potential driver's license consequences and a lasting criminal record. Insurance companies may also consider a DUI when determining coverage and rates. Because driver's license issues can involve separate procedures and deadlines, it is important to address them alongside the criminal case.

After a DUI arrest, keep copies of your paperwork, pay attention to deadlines and court dates, and avoid discussing the details of your case publicly or on social media. You should also consider speaking with a DUI defense attorney as soon as possible. If you were recently arrested for DUI in Brevard County, Jordan Kramer can review what happened and help you understand your legal options and next steps.

The answer is more complicated than simply "yes" or "no." Florida's implied-consent law can create consequences for refusing certain chemical tests after a lawful DUI arrest, including potential driver's license consequences. Field sobriety exercises are different from chemical testing, so the circumstances surrounding each situation matter.

Yes, depending on the circumstances. Florida's DUI law applies to someone who is driving or in actual physical control of a vehicle, and a DUI charge can also involve impairment by substances other than alcohol. If you were charged with DUI despite believing you were not driving or despite receiving a breath test showing no alcohol, Jordan Kramer can review the evidence and explain what legal issues may apply to your case.