Criminal Defense
Since 1993
Since 1993
WHAT HAPPENS TO YOU ON A FIRST-TIME DUI? FAQs
Q: What should I expect after being arrested for a first-time DUI?
A: Being arrested for a DUI is a challenging experience, especially for the first time. You’ll face two separate processes: dealing with the DMV and the criminal court system. Acting quickly is crucial to navigate both effectively. There is some good news for you first offenders out there, so long as there wasn’t any sort of accident.
Q: What happens with the DMV after a DUI arrest?
A: The DMV may suspend your license for six months if you blow over 0.08 BAC or for a year if you refuse to blow. It’s often recommended to refuse to blow, but either way, you must act within ten (10) days of your arrest. You have two options:
- Fight the Suspension: Request a formal review hearing to challenge the suspension and try to get your full license back (win the hearing, get your full license back!)
- Request a Waiver of a Hardship Hearing and Get a BPO License Quickly: If you don’t want to fight the suspension, submit a waiver form to obtain a hardship license within 10 days and the DMV will give you a Business Purposes Only license which will allow some limited driving. Before asking for a hardship, you must enroll in a DUI class.
Q: What steps should I take within 10 days of my arrest?
A: Let’s break down how you must act quickly within the first 10 days:
- Decide if you want to fight the suspension or request a hardship license.
- Enroll in a DUI class if you’re requesting a hardship license.
- Contact an attorney to help you navigate these steps and represent you in hearings.
Q: What happens in the criminal court system after a DUI arrest?
A: After dealing with the DMV, you’ll face the criminal court process, which includes many many court dates and lots of hearings. These include:
- Arraignment: The initial hearing where charges are formally presented.
- Docket Soundings, Pre-Trial Conferences: Basically, these are status hearings to update the court on the case’s progress.
- Plea Negotiation Conferences: Hearing with the judge and prosecutor, discussions about potential plea deals.
- Trial Management: Preparing for trial if a plea deal isn’t reached.
During these hearings, an attorney can often represent you without needing to attend every court date.
Q: Why should I hire an attorney for my DUI case?
A: Hiring an attorney is highly recommended for several reasons, I think this goes without saying but you know I’m a little bit biased:
- They can handle the DMV process, including requesting hearings and hardship licenses.
- They represent you in court, often allowing you to avoid appearing at every hearing.
- An experienced attorney knows how to negotiate with prosecutors and judges to achieve the best possible outcome for your case.
- They can help reduce your stress and guide you through the complexities of the legal process.
Q: What should I expect from the DUI classes and evaluation?
A: Most first-time DUI offenders are required to take a 12-hour DUI class, which includes an evaluation to determine if additional treatment is necessary. While the system may seem rigged towards recommending treatment, it’s a standard part of the process. Depending on the evaluation, the treatment can range from 12 weeks to 26 weeks. If you are under the age of 30 and blew, say, over a 0.15, you’re going to get counseling. Expect over 12 weeks. If you are young and didn’t blow high, but you got into an accident, you’re going to counseling. If you’re over the age of, say, 55, and you have no prior criminal history, chances are they may not recommend counseling.
Q: What are the possible outcomes for a first-time DUI offense?
A: For first-time DUI offenses, there are lots of ways to get your case dismissed or reduced, so that’s great news, and there are several favorable outcomes possible in Central Florida:
- Diversion Programs: These programs can lead to the charges being dropped or dismissed upon successful completion.
- Charge Reduction: The DUI charge might be reduced to reckless driving or another lesser offense.
- Dismissal: In some cases, the charges might be dismissed entirely.
Q: What should I do if I’m arrested for a DUI in Central Florida?
A: Contact John immediately if you’re arrested for a DUI in Central Florida. He’ll help you with both the DMV and criminal court processes, ensuring you have the best possible defense. If you have any questions or need assistance, please contact our office. We serve Central Florida, including Orange, Seminole, Osceola, Volusia, Lake, and Brevard counties. We’re here to help you through this challenging time and achieve the best possible results for your case.