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Criminal Defense | Meet the Legal Team | Arrested for a DUI?

Florida Drunk Driving FAQs Answered by Defense Atorneys

If you have been arrested for a DUI in the greater Jacksonville area, it is important to speak with an experienced defense counsel as soon as possible. The dedicated Jacksonville DUI attorneys at Farah & Farah have been providing efficient and understanding representation since 1979. No matter how many offenses you may have encountered in your life, the criminal justice system in Florida can feel overwhelming. We’re here to make sure you are provided a proper defense, fair trial and favorable outcome. For a free and confidential case evaluation, contact our office at (904) 263-4610.

– What Are Some of The Signs Law Enforcement Look For in a DUI offense?

– Do Police Officers Need to Witness me Driving my Car to Charge me With a DUI?

– What if I Refused to Take a Breath -Test?

– How Long Will my License be suspended?

– How Will I Take My Children to and From School?


Q: What Are Some of The Signs Law Enforcement Look For in a DUI offense?

A: There are a wide range of indicators officers on the road take into account when pursuing a DUI offense. Many are subjective and up to interpretation. Here a few examples that may have applied to your case:

  • Swerving or drifting in the lane
  • Excessive speed or failure to accelerate
  • Delayed reaction at stop signs and lights
  • Headlights off
  • Braking excessively
  • Wide turns or narrowly striking corner objects
  • Damage on your vehicle

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Q: Do Police Officers Need to Witness me Driving my Car to Charge me With a DUI?

A: Under Florida Statute § 316.193(1) the arresting officer does not actually need to see you operating the vehicle. Simply sitting, sleeping or standing near a wrecked car can warrant a DUI charge in the state of Florida. This is a called "actual physical control" and gives law enforcement greater latitude when it comes to observation and suspicion in drunk-driving cases.

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Q: What if I Refused to Take a Breath -Test?

A: In Florida, a refusal to submit to a breath test leads to an automatic suspension of your license for one year, regardless if you ultimately charged with a DUI. Refusing an officer’s second request can be considered a secondary misdemeanor. Generally, if you were unconscious at the time of the arrest, officers will administer a test without your consent.

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Q: How Long Will my License be suspended?

A: In general, your first offense can result in your license being revoked for anywhere from 6 months to a year. Initially your citation will act as a temporary license for 10 days following your arrest. Of course, the final sentence depends on the mitigating and aggravating circumstances of your case, including past convictions and previous arrests for DUI. Ultimately though, if you’ve been arrested four consecutive times for driving under the influence, you will have your driving privileges revoked indefinitely.

Q: How Will I Take My Children to and From School?

A: In certain circumstances a judge will issue a hardship license. In general, this will only be granted on your first offense. In such a case, a hardship license will permit you to drive to certain pre-ordained areas such as – children’s school, grocery store, work and home. Anything beyond that could be considered a violation of the agreement and lead to stiff penalties.

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Farah & Farah Main Office
10 West Adams St.,
Jacksonville Florida 32202
Toll Free: 855-797-9899
Local: 904-263-4610
Email: contact@farahandfarah.com

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits, family law and criminal defense. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

*Disclaimer: Not all results are provided and not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client’s individual facts and circumstances may differ from the matter in which the results and the testimonials are provided.

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