Florida DUI FAQs
In efforts to maintain safety on and off the road, there are specific laws and policies that address drinking and driving in the state of Florida. Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are illegal actions that result in penalties, such as fines, license suspension, and possible jail time. If you have been charged with a DUI/DWI in the state of Florida, you should contact a DUI defense lawyer at the Law Offices of Michael B. Brehne, P.A. for assistance.
Common DUI Questions
Is a DUI treated as a felony or misdemeanor?
A DUI can be classified as either a felony or a misdemeanor. Usually, a first-time DUI is treated as a misdemeanor. However, a DUI may be treated as a felony if the following conditions exist:
- Previous DUI convictions
- Restricted and/or suspended licenses
- Underaged passengers/minors present in vehicles of drunk drivers
- Catastrophic and permanent injuries
- Wrongful death(s)
- High BAC levels
If you are concerned about what you may be charged with, speak to DUI lawyers at the Law Offices of Michael B. Brehne, P.A.
Is a DWI treated as a felony or misdemeanor?
It depends. Most DWI charges are treated as misdemeanors, but if there exist priors on one’s record or other aggravating circumstances, it is possible to be charged with a felony for a DUI.
After a DUI, will my license be revoked or suspended?
It is very much possible for your license to be suspended or revoked after a DUI. It will depend on the BAC level, past violations, and the timeframe between relevant violations. It is also possible for your license to be revoked or suspended if you deny breath testing.
If my license is revoked or suspended, am I able to drive?
If your license is revoked or suspended, you will NOT be allowed to drive for a specified period of time. You may also be required to attend traffic school and pay a reinstatement fee. In some extreme cases, you may be eligible for a temporary license to drive to approved places. If you desire to get your license reinstated, visit our DUI law firm in Orlando, FL to determine what options may be available to you.
If I am hit by a drunk driver, do I have the right to sue?
The state of Florida is a no-fault state. As such, it is not possible to file suit against a driver after being hit. All licensed drivers are expected to secure a policy with their insurance carrier, known as PIP (Personal Injury Protection). When an accident occurs, drivers are expected to file a claim with respective insurance carriers for possible compensation. Before doing this, we recommend speaking to an Orlando DUI attorney for assistance with your insurance claim. It is especially important to gain a case evaluation by an attorney if you experience serious or catastrophic injuries. Your claim’s success will depend on it.
Contact the Law Offices of Michael B. Brehne, P.A. today for more information on Florida DUI/DWI laws and penalties.