DUI - The First 10 Days

Have you been charged with a DUI?

Do you feel like you are not guilty?

Not sure what to do next?

It’s time to hire an experienced DUI attorney.

The Law Office of Juan C. Calama is here for you in this difficult moment. There are many things to consider and not a lot of time in which to act. Your first important decision comes only 10 days from the date of your arrest. Upon your arrest, law enforcement will have written you a citation.

This citation, in addition to being an aggravating reminder that you are now wrapped up in legal difficulty, also serves as notice of your impending license suspension in 10 days. The citation also operates as your driving permit for the next 10 days.

If you do nothing, once those 10 days have lapsed, you’ll be facing a 30-day “hard” suspension (if you blew above a .08 BAC) or a 90-day “hard” suspension (if you refused to give a sample of your breath, blood or urine). A hard suspension is so-called because you cannot drive legally for any reason during the period of the “hard” suspension. This is as opposed to being allowed to drive with a hardship license (more on that in a minute).

The second and most aggressive option, is to request a Formal Review Hearing. This will get you a 42-day driving permit and also an opportunity to invalidate the suspension that you received at roadside either for blowing above a .08 BAC (6 months suspension) or refusing to provide a breath, blood or urine sample (12 months suspension).

A victory at a Formal Review Hearing invalidates your administrative license suspension. A loss at a Formal Review Hearing will land you with a 30 or 90-day “hard” suspension, depending on whether you blew above a .08 BAC (30 days) or failed to provide a breath, blood or urine sample (90 days).

Finally, the third option is to request a waiver Review Hearing for an immediate reinstatement. The upside of this choice is that you essentially trade in your opportunity to beat the license suspension at a Formal Review Hearing for the certainty that your driving privilege (albeit a hardship privilege subject to limitations for school and work driving purposes) will not be interrupted, at least until the resolution of your DUI case.

All of this happens, and must be dealt with, inside of the first 10 days following your DUI.

All of the above discusses the administrative side of a DUI.

DUI cases proceed on two tracks. We’ve just given a brief overview of the first track (the administrative portion of the case), dealing exclusively with the issue of your license having been suspended, either for blowing above a .08 BAC or for failing to provide a breath, blood or urine sample when requested, and what you can do to defend against this.

The second track is the criminal case itself. This part of your case has to do with the State of Florida’s ability to prove the charge of DUI against you beyond and to the exclusion of a reasonable doubt with evidence in a court of law.

They will do this by proving that you were either (a) driving a vehicle and your normal faculties were impaired or (b) that you drove with an unlawful blood, breath or urine alcohol level of .08 or above.

This part of the case involves reviewing evidence, such as in-car videos generated by law enforcement during roadside stops and the field sobriety exercises administered by law enforcement officers. Reviewing witness statements and physical evidence, the filing of motions to suppress evidence and other kinds of matters more commonly associated with the job of a trial lawyer.

This is not a time to go at it alone or to entrust the fate of your case and possibly your future to an overworked and underpaid court-appointed attorney. The Law Office of Juan C. Calama is your trusted partner in this moment of legal difficulty.

Being charged with DUI is stressful and potentially life-altering. The penalties can be quite steep. They can include imprisonment, serious fines, substance abuse evaluation and treatment, revocation of driving privileges and other implications that touch on a person’s family and professional life.

If the charge is serious enough it could even affect your voting and gun ownership rights.

The Law Office of Juan C. Calama is your zealous advocate during this difficult time. We understand the laws and procedures at play in court. We have helped many clients to have successful outcomes in their DUI cases. We can and will represent your case vigorously and give you the support you need to understand what is going on and what we are doing to help.

Let us be your attorneys and take the first step towards putting this behind you.