At Carlson Meissner & Hayslett, our primary goal is to protect our client’s rights and create viable defenses to get their DUI charges dismissed or diminished. Our knowledgeable Florida DUI defense lawyers have compiled this handy guide of FAQs related to DUI arrests, convictions, and defenses based on our clients’ questions to help you understand the laws.

FAQ

When does a DUI in Florida become a felony?

Does a DUI show up on background checks?

Will a DUI affect my employment prospects?

Do I need to install an ignition interlock device?

Will I have a criminal record just for a DUI conviction?

Can I get a DUI if not driving/parked?

What are the penalties of a DUI conviction?

Can I get a DUI for prescription medication?

Should I submit to a DUI field sobriety test?

Will I lose my license if I get a DUI in Florida?

When does a DUI in Florida become a felony?

Most DUI charges are treated as misdemeanors in Florida. It can turn into a felony if:

  • You were involved in an accident that caused death or bodily injury
  • This is your fourth or subsequent DUI arrest within ten years of a prior conviction

Does a DUI show up on background checks?

Both DUI arrests and convictions can show up on background checks. DUIs can have long-lasting consequences, so working with a qualified criminal defense attorney is essential.

Will a DUI affect my employment prospects?

DUI arrests and convictions can show up on background checks. This can affect your employment prospects if you are a truck driver, heavy machine operator, or similar. DUI may result in losing your CDL and make it more challenging to find new work.

Do I need to install an ignition interlock device?

If you get convicted of a second DUI offense, you must install an ignition interlock device. It requires a breath alcohol level test to start the vehicle. You will need to pay for the device, the cost of installation, and ongoing maintenance.

Will I have a criminal record just for a DUI conviction?

You may be charged with felony or misdemeanor DUI depending on your criminal history. This will appear on your criminal records and background checks like any other criminal conviction. Generally, no expungement of the record is possible in Florida for a DUI conviction.

Can I get a DUI if not driving/parked?

You can get a DUI for being in physical control of the vehicle. This means you can get a DUI even if you are asleep at the wheel or parked somewhere. If you have the keys on you and are anywhere in the car, you have actual control of the vehicle and can be charged with a DUI.

What are the penalties of a DUI conviction?

License suspension, jail time, fines, and use of an ignition interlock device are basic DUI penalties. Fines and sentences depend on the severity of the DUI; for example, there are strict DUI penalties for multiple convictions, BAC over 0.15%, and felony DUIs.

Can I get a DUI for prescription medication?

You can get a DUI for any type of impaired driving. This includes prescription drugs and illegal substances. You could face a DUI charge if the medication impairs your normal faculties and alters your ability to act or think safely.

Should I submit to a DUI field sobriety test?

In Florida, the implied consent law requires every driver to submit to a field sobriety test. You may automatically lose your license for a year if you refuse the test.

Will I lose my license if I get a DUI in Florida?

You will temporarily lose your driver’s license, even if this is your first DUI. First DUI convictions attract a license suspension or revocation for at least 180 days. The period of suspension increases with subsequent offenses. It can even become permanent in some cases.

Choose a Dedicated DUI Lawyer to Protect Your Rights

The experienced DUI attorneys at Carlson Meissner & Hayslett can help you understand the statutes determining your particular DUI case. We will utilize every defense strategy possible to thwart the prosecution’s charges and evidence against you. Schedule your free case review with our lawyers today. Call us at (727) 306-0273 or contact us online.

Free Case Evaluation Contact us today to learn how we can help you navigate your legal concerns.

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