Florida DUI Arrest Rights

Driving under the influence is a crime, but those accused still have rights.

Having a family member arrested for a DUI can be emotionally trying. Driving under the influence is seen as a serious crime and is treated accordingly. However, those arrested for DUI have the same rights as any other citizen, and there are other rights in the laws that any defendant and their family should be aware of.

Blood-Alcohol Content

Severity of punishment and rights of the defendant beyond the standard rights given under the Miranda decision will depend greatly on the blood-alcohol content, or BAC, measured at the time of arrest. Any level between 0.08 and 0.15 is considered to be impaired under Florida law, but a BAC above 0.15 is punished more severely. This is due to the much higher risk the arrestee has subjected the public to.

Standard Rights

Any person arrested in the United States has certain rights under the Supreme Court's Miranda decision. He has the right not to speak with the police and to be informed that anything he says may be submitted as evidence in a court trial. He also has the right to have an attorney present at questioning and to be provided an attorney if unable to afford one. However, according to a 2010 Supreme Court decision, defendants must specifically invoke these rights.

Hardship Reinstatement

A license suspension is standard for all DUI convictions in Florida. However, the defendant's driver's license can be reinstated under the "hardship reinstatement" requirement. The defendant must complete a DUI class and demonstrate a need to be able to drive in order to support herself or receive vital medical treatment, among other reasons. This license is provisional, and the defendant will be able to use it for specific purposes only. Reinstatement is not available if the conviction is the defendant's third in 10 years.

Treatment Option

The total period in which the defendant can be incarcerated and kept on probation for a first offense can not be longer than one year. Prison terms are set between six to nine months. However, the defendant can ask to complete a treatment program instead of being incarcerated, which is granted at the judge's discretion. This treatment program is administered by the state and does not replace DUI school, which the defendant must still complete in order to have their license reinstated.

Impound

A vehicle may not be impounded more than 10 days for the first offense, 30 days for the second, and 90 days for the third. The vehicle may not be impounded while the defendant is incarcerated. Impoundment may also be dismissed if the defendant can demonstrate hardship, similar to the rules surround license reinstatement. The court may also impound the defendant's primary vehicle only; any vehicles driven for business exclusively by the defendant's employees may not be impounded.

References

• Florida Department of Highway Safety: Full Text of the DUI Law
• Driving Laws: Summary of Florida DUI Punishments