Can a First Offense DUI Be Dismissed in Florida?

Can a First Offense DUI be Dismissed

When it comes to driving, there are many laws that you must follow. Neglecting these laws can put you and other drivers in danger. One of the most important laws to abide by is refraining from driving under the influence of drugs or alcohol. Unlike traffic violations which typically result in tickets, being pulled over for a DUI can have significant impacts short and long-term. But, if you have a clean driving record, can your DUI be dismissed?

What is a DUI?

Florida Statute 316.193 says that a person is driving under the influence of either alcoholic beverages or harmful chemical substances when such consumption impairs a person’s faculties. When related to alcohol, a person is considered to be a drunk driver if their blood alcohol level (BAC) is 0.08 or more. Your BAC is impacted by several factors, including:

  • Number of beverages
  • Physical attributes — such as height, weight, and gender
  • How quickly your body metabolizes alcohol
  • Whether you’ve had food along with your beverages

Can a first offense DUI be dismissed?

While a DUI can greatly impact your life, an experienced attorney can ensure you achieve the best outcome for your case. In some cases, a lawyer may be able to get your charges dropped, dismissed, or at least significantly reduced. During the discovery legal process, a skilled lawyer will ask you questions to begin building your case. The most common questions include:

  • Were you really driving at the time that the DUI was alleged?
  • Were your DUI field sobriety tests administered in the correct way?
  • Did the officer who stopped you have probable cause to do so?
  • Were there factors that were underlying that may have contributed to your DUI charge — such as fatigue, prescription medications, or footwear issues?

Once they’ve had a chance to analyze all of the information, they will put together an aggressive defense in an effort to avoid a DUI conviction altogether. If a dismissal is not possible, they’ll attempt to reduce fines, jail time, or request a temporary license so you can continue driving for work.

Penalties for First DUI

Penalties for a DUI increase with each occurrence. Even if you don’t feel impaired, a BAC of .08 or above is enough for a DUI conviction. If this is your first incident, penalties may include:

  • A $500 fine
  • Potential jail time for up to six months
  • Suspension of your driver’s license for up to six months
  • One year of probation
  • Enrollment in a DUI program

How the Expert Lawyers at Clark Hartpence Law Can Help

If you or someone you know has been arrested for a DUI, call the expert Clark Hartpence Law legal team at (855) 680-4911. You can also schedule a free consultation. The highly experienced and skilled attorneys understand the laws and complexities of traffic violations, including driving under the influence, and we know how to fully protect your legal rights.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.