What Happens After A DUI Arrest?
I got a DUI, what do I do?
There’s a real problem when the punishment doesn’t match the crime.
After a person is arrested for DUI, generally, law enforcement is going to take them to the police station, where the breathalyzer machine is located. If law enforcement believes you are under the influence of alcohol, they will ask you to give a breath sample and before they take it, they have to observe you for 20 minutes. During this observation period, the officer should be in the same room with you. They have to make sure that you don’t regurgitate anything from your stomach that may have alcohol in it, including belching. The officer also has to make sure you don’t put anything in your mouth that may influence the machine. After the 20-minute observation period, they will read what’s called implied consent and then ask you to blow into the machine.
Implied consent is a warning concerning your driver’s license and what happens to it if you do not provide a breath sample. They will ask you if you want to provide a sample. You do not have to provide one; you can choose to refuse. If you do refuse, your license will be suspended. You will have a right to a business purpose license, if you’ve never had a DUI or a suspension for refusal in the past. You can also have a formal or informal review hearing to determine if the license suspension will stand or if it is going to be modified or invalidated.
If you do blow into the machine, they’re going to take two samples of your breath. They have to see if the machine is working consistently. The two samples should be very close to each other. At this point, the police will start asking you questions. These questions are not designed to help you; they are designed to hurt your case. One of the questions that they generally ask is when the last time was that you slept. They are trying to prevent you from going to court in the future and claiming that you were sleep deprived rather than intoxicated. They may ask you what you wish you had done differently that night, in hopes that you will admit to drinking.
It is not a good idea for you to answer their questions. You have the right to refuse to answer questions with an attorney present. Finally, the officer is going to determine what your bond amount will be. If you cooperated, they may give you a low bond. However, if you cooperated, it means that you hurt your case. You’re not going to get a million-dollar bond for just a simple misdemeanor DUI. It will normally be in the range of $500 to $2,500. The jail is going to hold you for a particular period of time because they cannot release you unless your breath result is below a 0.05. Once you are released, you’re going to be prosecuted by the state of Florida.
For more information on Aftermath Of A DUI Arrest In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 432-7726 today.
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