Arrested for DUI or BUI in Florida?

Aaron O’Brien represents people accused of Driving or Boating Under the Influence (DUI / BUI) throughout Southwest Florida and has done so for decades. 

You Were Arrested for DUI. Now What?

First, do not assume that because you were arrested, you will be convicted.  But, you need a local, experienced, knowledgeable, and effective DUI defense attorney.

A DUI case must be evaluated from the beginning: Why were you stopped? What did the officer actually observe? What does the body-camera video show? Were the field sobriety exercises properly administered? Were your statements lawfully obtained? Was the breath, urine, or blood test lawfully requested and properly administered?

Sometimes what is written in a police report looks considerably different when you actually watch the video.

But, there’s an issue to address that cannot wait for the video….

What about your Driver’s License?

If you provided a breath or blood sample with an alcohol level of .08 or higher, or refused a breath, blood, or urine test, your driver’s license may be administratively suspended.

But, if you are otherwise eligible, you can drive for the first 10 days using the DUI citation as a temporary permit.  During that period, the temporary permit allows you to drive for any purpose.

That DUI citation serves several purposes.  It can serve as notice that your driver’s license has been administratively suspended; it can serve as the criminal charging document; and, if you are otherwise eligible, it also serves as your temporary driving permit for the first 10 days.

Those 10 days are important.

Within that period, you can request a formal or informal review of the administrative suspension and challenge whether the suspension should stand.

For certain first-time DUI offenders, there may be another option. If eligible, you can waive your right to challenge the administrative suspension and seek immediate reinstatement of your driving privilege on a Business Purposes Only basis—often called a “hardship license.”

There are advantages and disadvantages to that decision.  By accepting the immediate restricted driving privilege, you give up your right to challenge the administrative suspension. 

Which option is better depends upon the circumstances of your case.

And that decision usually must be made before the body-worn camera video, dashboard-camera video, and much of the other evidence in your DUI case is even available.

The administrative driver’s-license suspension is also separate from the criminal DUI case pending in court. Winning or losing the administrative license issue does not necessarily determine what happens in your criminal case.

The Video is Often the Best Evidence

Once the body-worn camera and other videos become available, they should be watched carefully.  Not just the Field Sobriety Exercises.

Watch what the person is doing when the officer is not testing him or her.

Does the person retrieve a driver’s license normally?

Does he or she understand the officer’s questions and respond appropriately?

Is the speech actually slurred?

Does the person appear confused or impaired?

Does the person otherwise do ordinary things normally?

And, of course, does the video actually support the officer’s written description of the Field Sobriety Exercises?

The officer’s police report may say that a person “swayed,” “stumbled,” “failed to follow instructions,” or exhibited other signs of impairment.

Watch the video.

Sometimes it supports what the officer wrote.  Sometimes it does not.

A DUI Conviction Has Consequences

DUI penalties can be severe, particularly when there are prior DUIs, an elevated B.A.C., a minor passenger, a crash, or other aggravating circumstances.

 A DUI conviction can also affect employment, professional licensing, insurance, and your ability to drive for work.

That is why the case should be investigated before deciding how it should be resolved.

Aaron O’Brien represents individuals charged with DUI and related offenses throughout Southwest Florida. He can examine the legality of the stop and arrest, review body-camera and dashboard-camera evidence, evaluate field sobriety exercises, challenge unlawfully obtained statements or evidence, examine breath, urine, and blood testing, address driver’s-license issues, negotiate with the State, file appropriate motions, and take the case to trial when necessary.

If you have been arrested for DUI in Florida, contact Attorney Aaron O’Brien as soon as possible to discuss your case.