Yes. You do lose your license when you get arrested for a DUI. A lot of the times, the officer, will not even tell you they are seizing your driver’s license . And you will not know it until you get out of jail and realized that your license has been taken.
What they will do is give you a Florida Uniform DUI citation. It is a special DUI only citation. That ticket is then given to you, and if you had a valid license when you were pulled over, that ticket becomes your driver’s license for a period of ten days.
If you do not handle the ten day limit, you will automatically lose you license. In order to avoid that, please call my office right away and we will explain to you what you have to do in order to continue driving.
The State of Florida has setup a very aggressive system, and that if you do not handle your decision within the ten days, you are going to lose your right to drive. So please give my office a call and we will give you a free consultation and explain all of your rights when it comes to this. We must keep you driving.
What does it mean when someone is driving under the influence?
Driving under the influence under Florida law, are two types of DUIs. One of them we called “DUBAL”, for short. It stands for Driving with an Unlawful Blood Alcohol Level.
If you are charged with DUBAL, the State of Florida must prove two things in order to convict you. First,they must prove that you were driving or in actual physical control of vehicle. And secondly, they must have a valid breath test that is over the legal limit of .08.
There is a second type of DUI law under Florida Law that we call it, basically a common Law DUI. This is when there is a refusal and there is no blood, breath or urine test in your case. In that case, the State has to prove two items but they’re much harder for the state to prove.
They must prove that you were driving or in actual physical control of a vehicle. That only becomes and issue legally if there’s an accident case, and you were outside the vehicle when the officer arise. That can become a legal issue that we can argue.
However, if you are pulled over and you’re behind the wheel, that is an easier thing for the State to prove by just the officer saying , “I saw you driving.” That’s enough to prove that element of the crime.
The second part though is they have to prove that you were operating that vehicle to the point that your normal faculties were no longer available to you. Now the rough definition of normal faculties that is read to a jury, is your ability to walk ,talk, see, justice instances, react in emergencies, or otherwise maintain your daily life.
We’re not allowed to comment on what that means to a jury, and that’s a very unusual definition. But as you can see, that definition has a lot of great area in it compared to holding up a breath test of over .08. And just because you have a breath test, does not mean it’s the end of your case, because we can get a lot of breath test not doubt for technical reasons.
Whether you have breath test or you don’t have a breath test, please give my office a call. We will give you a free consultation. We will walk you through the law, and explain this legal mind field that you’re walking through, so that you can make an informed decision. Give my office a call today and we would love to help you out.