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Frequently Asked Questions About DUI

What is DUI?

In Florida, driving under the influence (DUI) is defined as the criminal act of operating a motor vehicle while impaired by drugs, alcohol, or both. DUI is also the criminal act of operating a motor vehicle with a blood/breath alcohol concentration (BAC) of 0.08% or higher.

When will law enforcement make a DUI traffic stop?

Law enforcement will usually make a DUI traffic stop whenever they have reason to suspect that a person is driving under the influence. Usually, law enforcement will notice that a person’s driving behaviors are erratic, and decide to make a stop. Some erratic behaviors that could lead to a DUI traffic stop include, but are not limited to: excessive speeding, frequent stops, ignoring traffic signs, swerving, weaving in and out of traffic lanes, and driving in the wrong direction.

What is blood alcohol testing?

Blood alcohol testing is used by law enforcement to determine the amount of alcohol that is in a person’s blood stream. The amount of alcohol in a person’s blood stream is given in a percentage, and is referred to as the person’s blood alcohol concentration (BAC).  Alcohol testing can be done with blood, urine and most commonly with a breath test.

What are field sobriety tests?

Field sobriety tests are exercises utilized by law enforcement to determine if a person is operating a motor vehicle while impaired by drugs, alcohol, or both. These tests are agility and coordination based, as it is believed that if a person is impaired, his/her coordination and thus there performance will suffer.

What are the penalties for a DUI?

If you are convicted of DUI or a drug and/or alcohol related offense in the state of Florida, the penalties will dramatically change your quality of life. People who are convicted of driving under the influence are often sentenced with jail time, substantial fines, community service, DUI school, vehicle impoundment and probation. Additionally, people who are convicted of DUI stand to lose their Florida driver’s license for atleast six months.

Why should I hire a DUI defense attorney?

If you have been charged with or arrested for DUI, you will want a lawyer on your side who understands DUI law and the DUI process. A DUI defense attorney will have the litigation experience and training it takes to be successful both in and out of court.  By having a qualified DUI lawyer representing your interests, you have a much greater chance in minimizing potential penalties you face as a result of the charge.


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Attorney John Hager
Attorney Brett Schwartz
555 N.E. 15th Street, Penthouse A, Miami, FL 33132