FAQ (Frequently Asked Questions)
If my driver’s license was suspended for DUI, can I apply for a hardship license?
Whether or not you are able to apply for a hardship license, as well as when you are able to apply, will depend upon your particular DUI charges. A hardship license will allow you to drive to and from work and school, as well as for essential household needs. To find out if you may qualify and when, it is important to contact an attorney. Your ability to apply for a restricted license may vary greatly from case to case.
What are the penalties for a first DUI offense?
A first DUI conviction will result in a driver’s license revocation of 180 days to 1 year. You may face a fine of up to $2,000, 50 hours of community service, probation for up to 1 year, and up to 9 months in jail. Specific penalties may vary from jurisdiction to jurisdiction and will depend upon your specific blood alcohol concentration, as well as other particulars of your case.
Do I have to schedule a hearing with the DHSMV?
Yes. Following a Florida DUI arrest, you have only 10 days to contact the Florida Department of Highway Safety and Motor Vehicles (DHSMV) and schedule your DMV hearing. This is an administrative hearing which is held in regards to the suspension/revocation of your driver’s license. A defense lawyer can schedule this hearing for you and can represent you in order to help you reach the best outcome possible.
What types of cases does your firm handle?
At Parks & Braxton Law, we help all types of drivers in a variety of DUI cases, including underage drinking, multiple DUI offenses, commercial DUI, DUI with injury, felony DUI, DUI appeals and more. Our defense lawyers take on cases throughout the entire State of Florida.
When should I involve an attorney?
We recommend involving an attorney as soon as possible. You will need to schedule your DMV hearing, possibly secure your release from jail and will face criminal court proceedings. In the face of all of this, it is important to have an experienced attorney at your side so your rights are fully protected. Without an attorney, it is easy for your rights to be violated and for you to lose your DUI case even when you rightfully should have won.
What are my rights if I’m arrested?
When law enforcement makes an arrested, they are required to read you your Miranda rights. Among other things, these state that you have the right to remain silent, and the right to an attorney.
Why should I remain silent?
When you are taken into police custody, their intention is not to prove that you are innocent. Their intention is to question you in order to get information or a confession of your guilt. By trying to cooperate and answering their questions, there is the chance that you may unintentionally incriminate yourself. In a situation where you did nothing wrong or should not face charges, ignoring your right to remain silent may have disastrous consequences.
How can a criminal defense attorney help me?
A criminal defense attorney will act as an advocate for your rights. An attorney will be the only person in the courtroom fighting to defend your freedom and working to ensure that you are not convicted. A skilled criminal defense attorney will understand how to use the legal system and make it work in your favor. In addition to representing you in all court proceedings, an attorney may also conduct an independent investigation of your case, interview witnesses, evaluate evidence and take other actions to prove your innocence or weakness in the prosecution’s case.
Do you offer a free consultation?
Yes. There is no cost and no obligation when you contact our firm for your initial consultation. We highly recommend you take advantage of this – as it is crucial that you understand your rights and options as soon as possible.
