People, who drive while they are drunk, are arrested according to Florida DUI laws. Driving under Influence is the law, which is enforced strictly in the state of Florida, just like laws of auto insurance in Florida are strictly followed and enforced. The time, when a person is arrested while he is drunk and driving, then the state accuses him justifying that he was driving under the influence of drugs, which is strictly prohibited.
According to Florida vehicle code 2315(a), a person who is drunk or under the influence of any other drug, has not legal right to have a control of any type of vehicle. If the blood alcohol concentration is .08% or more than that, even then according to the law, he is considered as a violent of vehicle code 2315(b). Here one thing is supposed to be noted that if a person’s BAC level is less than .08% and they are caught while driving the vehicle, even then they can be charged with section 23152(a). It means that it is totally against the DUI law of Florida that a person gets control of any type of vehicle when he is intoxicated by any drug or alcohol. The Florida court takes action and imposes sanctions against the accused, which is found drunk while driving. If you want to know the way, this law is notified, you must read the below mentioned points.
• When the police officer arrests the accused person, then he immediately revokes the driving license of that person and then takes its possession. Later the, copy of license along with the license of the driver and the report that is made up by the officer is sent to Florida DMV.
• Later, the DMV conducts and internal administrative review of the report that is sent to it from the officer, who arrested the accused. The information that is included in the report includes revocation form and blood or urine tests report.
• Once the information is reviewed by DMV, the department either upholds the suspension or reinstates the driving privileges of that person.
• If the decision is not contested, then the most obvious chances with 90% possibility are that DMV upholds the suspension. This is the reason why it is important for the accused person that he requests DMV administrative hearing within the time of 10 days. If he would fail in doing so, then suspension is definitely going to be uphold.
• If you really want to keep your driving privileges with you, then you should request the hearing by physically going to the court and not over the phone.
• When your Florida DUI lawyer would go to attend the hearing, you should always go along.
• when the DMV hearing officer will review the report that the arrested officer would present in front of him and the report that your DUI defense attorney will present, then he will take the final decision.
• The final decision is communicated via a letter in the main from the DMV department. In case, your license is revoked, then you can apply for a restricted license. You can apply for it at a DMV office.
If anyone is 21 years old or older than that and his blood or urine test gives result of .08% or more than that, then the first charge, which will be imposed by Florida DUI laws, will be the suspension of driver’s license for 4 months. Moreover, if anyone of the same age would refuse to submit to a blood, urine or breath test is going to receive mandatory suspension of his driver’s license for one year.
