DUI Florida Laws and Arrest

DUI – Driving Under the Influence

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. State laws specify the level of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

The Miranda Warning

(Also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

DUI Expungement

The process of having the record of your arrest cleared, erased, or sealed. It is also called expunction of your record. The availability of this legal process varies between the circumstances of the crime.


Q. How will my DUI charge impact my driving?

A. Our firm can help you keep your driver’s license. Many people don’t realize that they can often keep most of their driving privileges after being charged or convicted of DUI. We attend administrative hearings on your behalf and employ legal motions and strategies to keep you on the road.

Q. Can I drive with a suspended license permit?

A. A suspended license permit can allow you to drive to school, work, medical and legal appointments, worship services, and other places in order to meet individual and family needs.

Q. What penalties do I face if I am found guilty of DUI?

A. For the first conviction of .08% BAL, your fine will be $250 – $500, six months probation, DUI school with potential treatment to follow, a mandatory 50 hours of community service, 10 day impoundment of your car, 6 month loss of license, up to six months of jail and a permanent DUI conviction on your record.

If convicted for a second time, the fine starts at $500, 30 day impoundment of your vehicle, Level II DUI school, 26 weeks of treatment, one year vehicle ignition interlock and, if the offense is within 5 years of your last DUI, a mandatory 10 days in jail and 5 year revocation of license. If your BAL exceeds .20%, or there was a minor in the vehicle, the fines and penalties for your conviction could be substantially higher.

If convicted for a third and forth time, or a person is injured or killed as a result of a drunk driving accident, more serious penalties will occur.

An automatic suspended license is also part of the penalty.

Q. How can I be certain the breath test was accurate?

A. You can’t, and you should never assume that the breath test evidence will convict you. Bolivar C. Porta is an experienced, Board Certified criminal trial defense attorney with experience and knowledge necessary to successfully challenge breath test results.

Q. The police officer never read me Miranda warnings; what should I do?

A. Often, police officers neglect driver’s rights during a DUI stop and arrest. A police officer’s misconduct and neglecting your rights may be reason for dismissing or reducing your charges. Our firm will thoroughly investigate every aspect of your DUI charge, from probable cause for the stop, through police and prosecutor’s questioning.