When you are facing a DUI, there are so many things to worry about and decide. For the majority of DUI offenders, losing their driving privileges is their biggest fear. Unfortunately, a DUI arrest is likely to result in a suspension of your driver’s license, but you have options to avoid that daunting prospect.
Initial Consequences of a DUI Arrest in Orlando
When you are arrested for driving under the influence of drugs or alcohol, two things are going to happen, you will lose your driver’s license and will spend some time in jail. The time you spend in jail and whether you lose your license depending on whether you have a defense strategy. USAttorneys.com recommends you hire a DUI lawyer in Orlando from the beginning.
What Happens to My Driver’s License?
When you are arrested for DUI, you will be issued a citation, that will act as your temporary license. Your temporary license is only valid for ten days after your arrest. After that first 10-days, if you have not requested a Formal Review Hearing, your license will be suspended for six months with a maximum of one year, depending on the facts of your case.
You can get your license back before your case is resolved by requesting a Formal Review Hearing. You must file your appeal within ten days of your citation, or you will lose your chance to get limited driving privileges. Before your Formal Review hearing, you will be granted a Business Purposes Only license which will last for four to five weeks and can be used to drive to and from work or school.
If you prevail in the Formal Review Hearing, your license will be restored without restrictions. Losing your FRH or failing to request one
Additionally, your car, unless it is the only one your family owns, can be impounded for up to 10 days for your first offense.
Your driver’s license is automatically suspended if you refuse a blood test or a chemical test. It will remain suspended for one year.
What Happens to My License if I’m Convicted?
A conviction for DUI in Orlando will result in revocation of your driver’s license. To get it restored, you will have to show proof of insurance and that you completed a DUI education course. You also need to pay license reinstatement fees, take a written test and possibly a road test.
Revocation periods for as DUI conviction:
First Offense- Minimum 180 days up to one year
Second Offense- Minimum five years; eligible for a hardship reinstatement after two years
Third Offense- Ten years revocation; eligible for a hardship reinstatement after two years
DUI Manslaughter First Offense-Mandatory permanent revocation; eligible for a hardship reinstatement after five years
When aggravating factors apply in your case, your license revocation periods could be longer, jail times as well. Aggravating factors include causing an accident, driving with a minor in your vehicle and having a BAC of 0.15 percent.
How Long Will I Be in Jail?
Not only will you lose your driver’s license, but you will also spend some time jail immediately after your arrest and perhaps upon your conviction.
You can be held in an Orlando jail until:
Eight hours have passed since your arrest
You are no longer impaired or under the influence
Your blood alcohol concentration is less than 0.05 percent
For a simple DUI with no aggravating circumstances your bail can be as little as $500, but if your charge is a felony level offense or you have a criminal history, your bail could be as much as $50,000.
Types of Bail
Personal Recognizance-On rare occasions, individuals are released from jail on their own recognizance which means they are released without bail or bond.
Bail- If you have enough money to cover your full bail amount, you can pay it in full and get released.
Bond- If you cannot afford to pay your full bail amount, you can contact a bail bonds company to pay your bail. You will be required to pay a percentage of the bail amount anywhere between 10 percent or 15 percent.
USAttorneys.com recommends you speak to a criminal defense attorney in Orlando to work on getting you released from jail. They are well-versed in the process, so they may be able to get you out faster than a loved one or friend.
Orange County Jail
3723 Vision Blvd.,
Orlando, FL 32839
Orlando Police Department
1250 W South St.,
Orlando, FL 32805
You could also spend time in jail if you are convicted of a DUI in Florida. Below are some of the jail sentences for various DUI charges.
First offense-Up to six months
Second offense-Up to 9 months
Third offense- Mandatory minimum of 30 days up to
DUI involving serious bodily injury-Up to one year in jail
DUI involving death- 15 years up to 30 years
Other penalties for a DUI conviction in Orlando include community service, installation of an ignition interlock and possible impoundment of your vehicle.
Immigrants who have been charged with a DUI need to speak to a defense attorney and consult with an immigration lawyer in Florida. While a DUI may seem minor, a guilty plea or a plea bargain could lead to your deportation.